New York Enacts New Personnel Records Access Requirements
Effective Nov. 8, NY employers must provide employees free access to personnel records, notify them of negative entries, and allow disputes under new Labor Law §210‑b.
New York has enacted a comprehensive personnel‑records law that will take effect on November 8, 2026. Under Labor Law §210‑b, all employers—both public and private—must provide current and former employees with free access to their personnel records within five business days of a written request. Employers must also give 10‑day notice when placing negative information in an employee’s file and allow employees to dispute inaccurate entries, with a written response becoming part of the record. The statute requires retention of records for three years after termination and mandates that any written personnel policy be kept available. Employers who retaliate against employees exercising these rights face penalties of $500 to $2,500 per violation, enforced by the Attorney General. While the law mirrors Massachusetts’ approach, New York’s carve‑out protects third‑party personal data. Counsel should review existing HR policies, update handbooks, train managers on notice and dispute procedures, and monitor anticipated chapter amendments that may clarify record‑creation obligations. The next legislative session is expected to address ambiguities, so staying ahead of any refinements will be essential for compliance.