Employee records, commonly referred to as personnel files, must be maintained throughout an employee’s lifecycle with the organization. This includes even after they’ve left the company. As labor laws evolve, more jurisdictions are requiring employers to provide employees with personnel records upon request, with the New York Employee Personnel Records Access Law being the most recent.
Employers should be aware of any laws that apply to their business and have a complaint procedure in place when necessary.
This article serves as a guide for employers on how to approach a personnel file request, particularly for organizations that must comply with state laws regarding employee access to their files. Employers will understand how to handle written requests, track statutory deadlines where necessary, review file information before delivery, and get some tips on maintaining their files.
A personnel file is an official collection of documents about an employee that details their work history with the organization from onboarding to the end of their employment.
Employee personnel files can include the following information and documentation:
Some documents that are required to comply with other federal and state laws, such as Form I-9s and payroll records, are also considered to be part of an employee personnel file. However, it’s recommended to keep these documents organized separately from other personnel files for better organization and retrieval in the event of an audit, such as an I-9 or wage and hour inspection.
Personnel file laws generally refer to an employee’s right to access and review documented information in their employer’s records.
Specifically, these laws aim to grant employees the right to review their employment history records, verify the accuracy of the records themselves, use the documentation as support for personal career or legal reasons, or to resolve disputes with their employers if necessary.
To reinforce the current labor law status, there is no federal law that requires private employers to give employees access to their personnel files. However, many states have laws that do support employee access to their personnel files, with New York being the most recent state to establish legislation behind this on September 9, 2026.
Currently, these are the states that allow employees to request access to their personnel files from their employer:
Additionally, these states have laws for employees requesting personnel files, even if they were former employees:
If an employer is operating in any of the states listed above, they must be prepared to grant employees access to their personnel files on request. Generally, employers should follow this procedure to ensure a smooth and compliant process.
Note that state laws vary drastically, which means the procedure below will not be a one-size-fits-all solution. It’s critical to view the process holistically to ensure the process follows the regulations required by each state.
While not all states with personnel file laws require an employee to submit a written request for their documentation, many still do. Requiring a written request helps protect your organization from non-compliance regardless of the state regulations.
Additionally, it’s important to verify the written request made to ensure that the request is legitimate and originates from the employee. An employer can ask to see a valid ID before moving forward with the request. To ensure a consistent process while validating an employee’s request, employers should update their employee handbook to reflect verification as part of the process.
Any written request received should also be promptly responded to, as some states require an employer response within a certain timeframe. For example, New York requires employers to provide copies of personnel files within five business days of an employee’s request.
After receiving a request from an employee, employers will want to review the personnel files before a delivery is made to withhold any personal or sensitive information that may be contained.
Certain information that must be withheld can vary greatly between state laws, though generally, an employer should withhold the following information if present in employee personnel files:
To maintain a consistent, complaint-ready practice, employers should proactively manage and store these files separately from files that can be given to an employee. If general personnel documents contain any sensitive information, ensure the information is redacted prior to handing over a copy to the employee. If at any point an employer must redact certain information, it’s common practice to internally document the reason for the information to be withheld.
Continuing with the organized process, employers should then be prepared to submit the copies of their employees’ personnel files requested.
As mentioned prior, depending on the state law, employers must be able to deliver personnel files to the employee within a reasonable time after the employee’s written request. Certain states have statutory limits as to when an employer must respond to a request, or else they face the possibility of fines or court summons.
To maintain a safe delivery of personnel files to employees, employers can do any of the following:
It may also be helpful to internally record when an employee receives the personnel files to ensure the delivery was performed and noted in case it needs to be referenced.
Note that copies made of personnel files may be kept by the employee.
To conclude the process, it’s important to review and finalize your record retention plan so that future employee personnel file requests are quick and painless to replicate. Since it can be a struggle to maintain employee personnel files on top of other relevant records, such as payroll and I-9s, employers may want a complete HR service to help with building and refining the process.
For New York employers just now updating their handbook policies to reflect the new labor law change, they should ideally reach out to a New York HR company that specializes in NY state labor law compliance to ensure the process reflects the provisions. If your organization wants specialized help before an employee makes a request, contact us today or reach out to one of our HR experts directly.