Effective November 8, 2026, New York employers will be subject to a personnel record law that creates rights for current and former employees while imposing several new obligations on employers. Prior to this law, no such rights or compliance obligations existed related to personnel files in the state. The law applies broadly to public and private employers, regardless of size, and allows current and former employees to request copies of their personnel records and challenge information they believe is inaccurate. Personnel records may include job applications, performance evaluations, disciplinary documents, compensation information, and other records relating to hiring, promotion, compensation, transfer, or discipline. Although lawmakers are expected to consider amendments that may clarify certain provisions, manufacturers may want to begin reviewing their personnel recordkeeping, retention, and human resources procedures ahead of the law’s effective date.

What the Law Requires of Employers

• 5 Business-Day Response Requirement: Employers must provide current and former employees with a copy of their personnel records within five business days after receiving a written request. However, employers are not required to allow employees to review their personnel file more than two times in one calendar year.
• 10 Day Notice Requirement: Employers must notify employees within ten days after placing information in a personnel record that may negatively affect the employee’s...

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