For many employers, personnel file access laws are familiar territory. Although the requirements vary by state, these laws generally grant private sector employees (and sometimes former employees) a statutory right to review and obtain copies of certain records contained in the personnel file maintained for them by their employer.
Nineteen states[i] currently have some form of personnel file access law applicable to private sector employers. Until recently, New York was not one of these states. Although employees in New York could have access to their personnel file if granted through a collective bargaining agreement, there was no personnel records access requirement generally applicable to private sector New York employers.[ii]
That’s all set to change on November 8, 2026, when New York’s new personnel records access law takes effect.[iii] Under the law, New York employers must provide employees with a copy of their personnel record within five (5) business days after submission of a written request and at no costto the employee. The law applies to former employees as well, although employers need only maintain a complete personnel record from the date of hire through three (3) years after separation of employment.
Definition of Personnel Record
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