Effective Nov. 8, 2026, New York employers must provide current and former employees with a free copy of personnel records within five business days of a written request. The law covers public and private employers, regardless of size.
New Requirements for Personnel Records
Employers must also:
- Notify employees within 10 calendar days when employers add information to personnel records that could negatively affect their employment
- Include an employee’s written response to disputed information if the employer and employee cannot agree on a correction or removal
- Retain personnel records throughout employment and for three years after employment ends, and
- Avoid retaliating against employees for exercising their rights under the law.
Employers may limit reviews to two per calendar year, but reviews prompted by newly added negative information don’t count toward that limit. Violations carry fines of $500 to $2,500.
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