Employer update: New Personnel Records Access Law

A law which takes effect on November 8, 2026, gives all private and public sector employees in New York new rights regarding their personnel records.

Employers must notify employees within ten days of placing information in a personnel record that may lead to disciplinary action, or negatively affect qualifications for employment, promotion, transfer, or additional compensation.  Employees are entitled to provide a written statement explaining their position in response to any negative information.  This must be retained in the file for as long as the negative information is retained.

Current and former employees must be provided with a copy of their personnel records within five business days of making a request. Employees may review their personnel records twice per calendar year (not counting reviews prompted by newly added negative information).   

Personnel records are defined very broadly to include records maintained by third party vendors.  This would include payroll firms and human resources consultants. 

The law is enforced by the Attorney General, and violations are subject to fines of $500 to $2500.   It also includes broad anti-retaliation provisions.

Employers are required to retain personnel records for three years after employment is terminated. 

Employers should consider modifying their personnel policies or employee handbooks to include this new requirement.

Please let us know if Colligan Law can assist you in complying with this new law, or with any other employment law concerns.

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