New York Enacts Employee Personnel Records Access Law

5 minutes ago

5 min read

New York Enacts Employee Personnel Records Access Law: Employers Face New Notice, Disclosure, and Record Retention Requirements

SEPTEMBER 2026

On September 9, 2026, Governor Kathy Hochul signed into law Chapter 293 of the Laws of 2026 (S.3460/A.2107), creating new Labor Law § 210-b and establishing employee rights to access personnel records maintained by employers. The legislation becomes effective November 8, 2026, and applies broadly to both public and private employers throughout New York State.

The new law significantly changes how employers must maintain, disclose, and manage personnel records by granting employees and former employees access rights, requiring notice when negative information is added to personnel files, and imposing record retention obligations and anti-retaliation protections.

Overview of the New Law

The statute creates comprehensive personnel file access rights for current and former employees. Under new Labor Law § 210-b, employers must provide employees with copies of their personnel records upon written request and must notify employees when certain negative information is placed in those records.

Notably, the law defines "employee" to include both current and former employees and broadly defines "employer" to include private employers, governmental entities, public employers, and their agents.

What Constitutes a Personnel Record?

The statute defines a "personnel record" as a record maintained by an employer that identifies an employee and is used, has been used, or may be used concerning the employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.

The law specifically identifies numerous categories of documents that constitute personnel records, including:

Employment applications;
Resumes and other employment inquiries;
Job titles and job descriptions;
Compensation information;
Performance evaluations;
Written warnings regarding performance;
Probationary period documentation;
Employee-signed waivers;
Termination notices; and
Documents relating to disciplinary action.

Importantly, personnel records also include records maintained by third parties under contractual arrangements with the employer.

Employee Access Rights

The new law requires employers to provide employees with a copy of their personnel records within five business days after receiving a written request. Employers may not charge employees for the records.

Employers are generally not required to permit more than two personnel record reviews per calendar year. However, reviews triggered by the placement of negative information in a personnel file do not count toward this annual limit.

New Notice Requirement for Negative Information

One of the most significant aspects of the legislation is the requirement that employers notify employees when adverse information is added to a personnel file.

Employers must notify an employee within ten days after placing information in the employee's personnel record that:

Is used;
Has been used; or
May be used

to negatively affect the employee's qualifications for employment, promotion, transfer, additional compensation, or potential disciplinary action.

This provision will likely require employers to reevaluate existing human resources practices regarding performance management, disciplinary documentation, and personnel file administration.

Employee Right to Respond

Where an employee disagrees with information contained in a personnel file, the employer and employee may mutually agree to remove or correct the information. If no agreement is reached, the employee may submit a written statement explaining the employee's position.

The employee's statement must become part of the personnel record and must accompany the disputed information whenever that information is transmitted to a third party while the original information remains in the file.

The statute further provides that employees may seek relief through collective bargaining agreements, personnel procedures, or judicial processes if an employer places information in a personnel record that the employer knew or should have known was false.

Record Retention Obligations

As for retention, the statute states the following: “An employer shall retain the complete personnel record of any employee as required to be kept under this section without deletions or expungement of information from the date of employment of such employee to a date three years after the termination of employment of the employee with such employer.” (Emphasis added.)

The law establishes this minimum requirement that personnel records be maintained from the employee's date of hire through at least three years after termination of employment. Employers should not assume records may be destroyed after three years, however, because other federal and state laws may require longer retention periods. Employers should review existing record retention policies to ensure compliance with all applicable employment, tax, benefits, litigation-hold, and industry-specific requirements.

Existing Personnel Policies

Employers that maintain written personnel policies regarding terms and conditions of employment must continuously maintain those policies at the office where personnel matters are administered.

Penalties and Enforcement

Violations of the statute are subject to civil penalties ranging from $500 to $2,500. Enforcement authority rests with the New York Attorney General.

The law also contains broad anti-retaliation protections prohibiting employers from discharging, threatening, penalizing, discriminating against, or retaliating against employees who exercise rights under the statute. The anti-retaliation provision specifically references threats relating to immigration status as prohibited conduct.

Governor Hochul's Approval Memorandum

The Governor's Approval Memorandum No. 3 accompanying this statute is particularly noteworthy because it acknowledges certain ambiguities in the legislation and provides insight into how the law will likely be clarified in a future legislative session.

Governor Hochul stated that an agreement had been reached with the Legislature to address concerns regarding the bill's scope, including clarifying that:

Employers are not required to create personnel files where none otherwise exist;
Employers are not required to generate new documents in response to employee requests; and
Personnel files include only records used to determine an employee's qualifications for hiring, retention, promotion, transfer, additional compensation, or disciplinary action.

Although these clarifications are not expressly contained in the enacted statutory language, employers and practitioners should monitor future legislative activity and regulatory guidance addressing these concerns.

Practical Considerations for Employers

Before the November 8, 2026, effective date, New York employers should consider:

Reviewing personnel file organization and contents;
Establishing procedures for responding to personnel record requests within five business days;
Implementing processes for providing required ten-day notices regarding negative information;
Updating document retention policies to ensure compliance with the three-year post-employment retention requirement;
Training human resources personnel and supervisors regarding the new requirements; and
Evaluating whether third-party vendors maintaining employment records can timely support compliance efforts.

Conclusion

Chapter 293 represents one of the most significant changes to New York employment recordkeeping requirements in recent years. The law expands employee access to personnel records, creates affirmative employer disclosure obligations, and establishes new retention and anti-retaliation requirements. Employers should prepare now to implement compliant procedures before the statute takes effect on November 8, 2026.

Our firm has extensive experience counseling employers, businesses, and others on statutory requirements, as well as preparing and implementing applicable policies. If you have questions related to this Legal Briefing, please contact any member of the firm at 585-730-4773.

This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. Please note that links may expire or change over time.

Comments