New York Adopts New Personnel Records Requirements for Employers

On September 9, 2026, New York Governor Kathy Hochul signed legislation requiring employers to provide employees with copies of their personnel records and to notify employees when certain “negative information” is added to those records.[1] The law is scheduled to take effect on November 8, 2026.

The law contains the following key provisions.

• Access to Personnel Files. Upon written request by an employee or former employee, an employer must provide a copy of the employee’s personnel record, at no cost, within five business days.[2] Employers need not grant more than two employee-initiated requests in a calendar year.[3] The law defines a “personnel record” broadly as “a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.”[4] Covered records could include job applications and resumes, compensation information, performance evaluations, termination notices, and other disciplinary records.[5] Information of a personal nature about a third party is not considered a “personnel record” if disclosure would constitute a “clearly unwarranted invasion” of the third party’s privacy.[6]
• Notice of Negative Information. Employers must notify an employee within 10 days of placing information in a personnel record that has been or may be used to negatively affect the employee’s qualification for employment, promotion opportunity, transfer, additional compensation, or possible discipline.[7] A request for access in response to such notice does not count against the employee’s two-request annual limit.[8]
• Employee Right to Dispute. Employees may dispute information contained in their personnel records. If the employer and employee do not reach an agreement to resolve the dispute, the employee may submit a written response that becomes part of the personnel record.[9] If the employer later provides the disputed information to a third party, it generally must include the employee’s response.[10] An employee may also seek expungement through an applicable personnel procedure or judicial process if the employer placed information in the record that it knew or should have known was false.[11]
• Record Retention. Employers must retain an employee’s complete personnel record throughout the employee’s employment and for three years after the end of employment.[12]
• Anti-Retaliation. The law prohibits retaliation against employees who exercise their rights under the law and authorizes fines ranging from $500 to $2,500 for violations.[13]

Governor Hochul’s approval memorandum states that she signed the bill after reaching an agreement with the Legislature to address several ambiguities in the law during the 2027 legislative session. Those amendments would likely confirm that employers need not create personnel files or produce documents they do not already maintain and would clarify that only records used to make employment decisions are covered.

Because the law is scheduled to take effect on November 8 (before those amendments are enacted), employers should review their personnel-record policies, review or establish procedures for responding to requests and providing notices of negative information, and train relevant personnel on the new requirements.