New York’s Employee Personnel Records Access Law

New York State’s Section 210-b takes effect on November 8th, 2026. This law requires employee access to personnel files, implements notice obligations, and imposes new compliance obligations.

Provisions of the New York Employee Personnel Records Access Law

Upon request, employers must provide a copy of an employee’s personnel record within five business days of the written request.

Employers must notify an employee within 10 days of adding information into the employee's file that may negatively affect their employment, promotion, transfer, compensation, or discipline. Employees may get at least two reviews per calendar year. This does not include a file review triggered by new negative information. Personal information about a third party must be excluded from an employee’s personnel record. Former Employees may request personnel files up to three years after termination.

Employers may not discipline or retaliate against an employee for exercising these rights. Employers may be subject to fines for violations of this law.

What Defines a Personnel Record in New York?

Under the New York Employee Access to Personnel Records Law, a personnel record is defined 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.” This includes, but is not limited to, the following:

• The name, address, date of birth, job title, and description.
• Rate of pay and any other compensation paid to the employee.
• Starting date of employment.
• The job application of the employee; resumes or other forms of employment inquiry submitted to the employer in response to the employer’s advertisement by the employee.
• All employee performance evaluations, including but not limited to, employee evaluation documents.
• Written warnings of substandard performance.
• Lists of probationary periods.
• Waivers signed by the employee.
• Copies of dated termination notices.
• Any other documents relating to disciplinary action regarding the employee.

Next Steps for Managing Personnel Records in New York

For employers operating in New York State, it's critical to have a procedure set in place before the law goes into effect so that the organization is prepared to provide employees with personnel records upon request. Additionally, the workforce should be well aware of the procedure and company policy related to personnel records requests. Reviewing and updating the employee handbook to reflect the labor law update should also be done well before the effective date.

Employers looking for additional assistance adopting a new procedure for employee access to personnel records should consider HR Consulting services that specialize in New York Labor Law Compliance Management.

Have a specific concern you'd like to ask about? Contact us today to speak to an HR expert who can help you prepare before November 8th, 2026.