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New York Employees Gain New Rights to Access Personnel Records
Beginning November 8, 2026, New York employees will have a new legal right to access personnel records their employers maintain about them. Employers generally have 5 business days to provide a free copy after receiving a written request, and employees must be notified within 10 days when certain negative information is added to their personnel records. The law also gives workers a way to respond when they disagree with information in their files.
Key Takeaways
- New York’s personnel records law takes effect November 8, 2026.
- Employees can request a free copy of their personnel record in writing.
- Employers generally have five business days to provide the requested copy.
- Employees must receive notice within 10 days when certain negative information is added to their personnel records.
- Employees who disagree with information in their file may submit a written response that becomes part of the record.
- Employers cannot retaliate against workers for exercising rights under the new law.
What Does New York’s New Personnel Records Law Require?
Governor Kathy Hochul signed S.3460 on September 9, 2026, adding Section 210-b to the New York Labor Law. The law covers both private and public employers and defines an employee as someone currently or formerly employed by an employer.
Once the law takes effect, an employee who submits a written request must generally receive a free copy of their personnel record within five business days. Employers must allow employees to review their records at least twice per calendar year. A review triggered by the addition of qualifying negative information does not count toward that twice-yearly limit.
What Information Can Employees See in Their Personnel Files?
The law broadly addresses records used, or potentially used, in decisions involving employment, promotion, transfers, additional compensation, or discipline.
Covered records may include:
- Job titles and descriptions
- Pay rates and other compensation
- Employment start dates
- Job applications and resumes
- Performance evaluations
- Written performance warnings
- Probationary-period information
- Waivers signed by the employee
- Dated termination notices
- Other documents related to disciplinary action
The law excludes certain personal information about other people when disclosure would constitute a clearly unwarranted invasion of their privacy.
When Must Your Employer Tell You About Negative Information?
One of the most important provisions goes beyond simply allowing workers to inspect their files.
Employers must notify an employee within 10 days after placing information in the personnel record that has been, may be, or could be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or possible disciplinary action.
That requirement may give employees earlier notice of performance or disciplinary documentation that could later influence a promotion, bonus, transfer, or termination decision.
What Can You Do if Your Personnel File Contains Incorrect Information?
Employees do not have to remain silent when they disagree with something in their personnel record.
The employee and employer may agree to correct or remove disputed information. If they cannot reach an agreement, the employee may submit a written statement explaining their position. That response must become part of the personnel record and, while the disputed information remains in the file, accompany it when that information is transmitted to a third party.
The law also provides a mechanism for seeking removal of information an employer knew or should have known was false.
Why Could Personnel Records Matter in an Employment Dispute?
Personnel records can become important when an employee questions the stated reason for a workplace decision.
For example, an employer may claim that a termination resulted from longstanding performance problems. Performance reviews showing years of positive evaluations followed by sudden negative documentation after an employee reports discrimination or requests an accommodation may tell a different story.
Personnel files may also help clarify disputes involving promotions, compensation, discipline, retaliation, and termination. Access does not establish that an employer violated the law, but it may provide employees with important information about how employment decisions were documented.
Can Your Employer Retaliate for Requesting Your File?
No. The new law prohibits employers and others from discharging, threatening, penalizing, discriminating against, or otherwise retaliating against an employee for exercising rights provided by the statute. The law specifically includes certain threats involving immigration authorities within its retaliation protections.
The New York Attorney General will enforce the law, and statutory violations can result in fines ranging from $500 to $2,500.
When Should You Speak With an Employment Attorney?
A personnel file can be particularly important if you have recently received unexpected discipline, been denied a promotion or bonus, faced retaliation, or believe your employer is building a record to justify termination.
At Lipsky Lowe, our attorneys represent New York City employees in discrimination, retaliation, compensation, termination, and other workplace disputes. If you have concerns about information in your personnel file or believe it is being used unfairly against you, contact us for a confidential consultation..