New York’s New Personnel Records Law Significantly Expands Employer Obligations

New York employers should begin preparing now for a significant new compliance obligation that will dramatically expand employee access to personnel records. On September 9, 2026, Governor Kathy Hochul signed legislation adding Section 210-b to the New York Labor Law, granting current and former employees the right to access personnel records and imposing new notice, recordkeeping, employee-response, and anti-retaliation obligations on employers. The law takes effect on November 8, 2026.

Although employee access rights have existed for years in a number of states, New York employers have not previously been subject to a broadly applicable statute requiring disclosure of personnel records upon request. With Section 210-b, New York joins a growing number of jurisdictions that provide employees with greater transparency into records used in employment-related decision-making.

Importantly, the new law goes beyond simply providing employees with the ability to inspect their personnel files. It also establishes requirements concerning notice of negative information, employee challenges to personnel records, record retention, and retaliation protections, all of which may require employers to reevaluate their existing human resources and recordkeeping practices.

Who Is Covered?

The statute broadly applies to both public and private employers. The definition of “employer” includes individuals, corporations, partnerships, labor organizations, associations, and other business entities, as well as their agents.

Although the statute does not expressly address its geographic scope, absent contrary guidance, the law will likely be interpreted to apply both to employees who work in New York for New York-based employers and to employees who perform their work remotely from within New York. Multi-state employers in particular should assess how the new requirements fit within their existing personnel-record practices and compliance frameworks.

Employees and Former Employees Gain Broad Access Rights

Beginning November 8, 2026, employers must provide current and former employees with a copy of their personnel record, free of charge, within five (5) business days after receiving a written request.

The law generally limits employee reviews of personnel records to two (2) times per calendar year. However, a review prompted by the placement of negative information in the file does not count toward that annual limit.

The Definition of “Personnel Record” Is Broad

One of the most significant aspects of the new law is its expansive definition of a “personnel record.” The statute generally covers records identifying an employee that are used, have been used, may affect, or may be used in connection with decisions concerning employment, promotion, transfer, additional compensation, or disciplinary action.

Examples of covered records include, but are not limited to:

• Employee name, address, and date of birth
• Employment applications and resumes
• Job titles and job descriptions
• Compensation and pay records
• Employment start dates
• Performance evaluations and related evaluation materials
• Written warnings and disciplinary documents
• Probationary-period records
• Employee-signed waivers
• Termination notices

Notably, the law is not limited to documents maintained in a traditional personnel file. It expressly encompasses certain records maintained by third parties on an employer’s behalf. As a result, employers should evaluate whether employee information maintained through payroll providers, human resources information systems, professional employer organizations (PEOs), performance management platforms, or other vendors may fall within the statute’s scope.

The statute excludes certain personal information relating to other individuals when disclosure would constitute a clearly unwarranted invasion of privacy. Employers responding to personnel-record requests should establish procedures for identifying and appropriately handling such information before production.

New Requirement to Notify Employees of Negative Information

The law imposes a proactive notification obligation that represents a significant departure from current practices for many employers. In addition, most state laws do not include this proactive requirement. Specifically, employers must notify employees within ten (10) days whenever information is placed in a personnel record if that information is, has been, or may be used to negatively affect the employee’s qualifications for employment, opportunities for promotion, transfer, additional compensation, or the possibility of disciplinary action.

This requirement may create practical compliance challenges. Performance evaluations, counseling memoranda, disciplinary documents, and other employment-related records are often created by supervisors before ultimately becoming part of an employee’s personnel file. Because the statute does not define when information is “placed” in a personnel record, employers should implement processes to ensure HR is notified whenever potentially covered information is added to records that may be used in employment-related decision-making.

Employees May Challenge Information in Their Records

The law creates a formal process allowing employees to dispute information contained in their personnel records. If an employee challenges information and the parties agree, the disputed material may be corrected or removed.

If no agreement is reached, the employee may submit a written statement explaining his or her position. That statement becomes part of the personnel record. It must also be included whenever the disputed information is transmitted to a third party, provided the original information is retained in the file.

The statute also allows employees to seek expungement of information an employer knew or should have known was false, whether through a collective bargaining agreement, other personnel procedures, or judicial process. These provisions underscore the importance of maintaining accurate, fact-based documentation concerning employee performance and discipline.

Record Retention and Personnel Policies

Section 210-b generally requires employers to retain an employee’s complete personnel record throughout employment and for three (3) years following termination. The statute contemplates maintenance of a complete personnel record during that period, subject to the law’s procedures governing corrections, removals, and expungement requests.

In addition, employers that maintain written personnel policies governing terms and conditions of employment must continuously maintain those policies, including subsequent amendments, at the location where personnel matters are administered.

Collective Bargaining Agreements

The statute does not supersede collective bargaining agreements that provide employees with personnel-record access at least substantially similar to the rights it affords. Unionized employers should review their existing agreements to determine whether current provisions satisfy the law’s requirements.

Broad Anti-Retaliation Protections

Employers may not discharge, threaten, penalize, discriminate against, or otherwise retaliate against an employee for exercising rights under the law.

The anti-retaliation provisions are particularly noteworthy because they expressly address certain immigration-related threats or actions directed toward employees or members of their families or households. Employers should ensure managers and HR personnel understand that requests to inspect personnel records and related complaints constitute protected activity under the statute.

Enforcement and Penalties

Section 210-b will be enforced by the New York State Attorney General. Employers that fail to comply with the statute may be subject to civil penalties ranging from $500 to $2,500 per violation.

Although the law does not create a private right of action on its face (except for the judicial process remedy for expungement described above), employers should not underestimate the potential consequences of noncompliance. Personnel-record requests, disputes regarding disciplinary or performance-related documentation, and alleged retaliation stemming from an employee’s exercise of statutory rights may draw scrutiny from regulators and could become intertwined with other employment-related claims that can be pursued by employees or former employees directly.  

Governor Signals Future Legislative Clarifications

Although Governor Hochul signed the legislation, she simultaneously acknowledged that certain aspects of the statute require clarification. In her approval memorandum, the Governor identified ambiguities concerning whether employers could be interpreted as having an obligation to create personnel files that do not currently exist and whether the definition of “personnel records” should be narrowed to documents actually used in specified employment decisions. She indicated that she reached an agreement with the Legislature to pursue clarifying amendments during the 2027 legislative session.

Until amendments are enacted, employers should proceed on the assumption that the statute will take effect as written.

Practical Steps Employers Should Take Now

With the November 8, 2026 effective date quickly approaching, employers should consider:

• Auditing personnel-record practices and identifying all locations where employee records are maintained
• Assessing records maintained by third-party vendors, including payroll providers, HRIS platforms, and PEOs
• Reviewing retention policies and record-management procedures
• Establishing processes to ensure personnel-record requests can be handled within five (5) business days
• Creating procedures for providing required notices when negative information is added to personnel records
• Developing protocols for handling employee disputes, rebuttal statements, and correction requests
• Training managers regarding what types of documentation may trigger the law’s notice requirements
• Monitoring anticipated legislative developments during the 2027 legislative session