New York employers will soon face new requirements governing employee personnel records. On September 9, 2026, Governor Kathy Hochul signed legislation creating a new Section 210-b of the New York Labor Law. The law gives current and former employees a statutory right to obtain their personnel records and imposes new obligations on employers concerning recordkeeping, notice, retention, and retaliation.
The law takes effect November 8, 2026, giving employers only about 60 days to prepare. It is particularly noteworthy because New York has provided a statutory right to private-sector employees to access their personnel files.
What Does the New Law Require?
Beginning November 8, current and former employees may make a written request for their personnel records. Employers must provide a copy within five business days, at no cost to the employee.
Employees may make up to two requests per calendar year. A request made after an employee receives notice that negative information has been added to the personnel record does not count toward that limit.
The definition of a “personnel record” is broad. It generally includes records that identify an employee and are used, have been used, or may be used in connection with employment, promotion, transfer, compensation, or discipline. The statute identifies records, if prepared by an employer, that must be contained in a personnel file: 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; and any other documents relating to disciplinary action regarding the employee.
Records maintained by third parties under contract with an employer may also be covered.
New Notice Requirements
The law goes beyond providing employees with access to their records. Employers must notify an employee within 10 days after adding information to the employee’s personnel record that is, has been, or may be used to negatively affect the employee’s employment, promotion, transfer, compensation, or discipline.
The statute does not define precisely what constitutes “negative information” or establish a specific notice form. That may create practical questions for employers, particularly when supervisors document performance concerns or workplace issues.
Employees may also submit a written response disputing information in their personnel record. That response must become part of the personnel record and accompany the disputed information if it is later provided to a third party.
For employers, this makes accurate and consistent documentation particularly important. Performance concerns, disciplinary actions, and other employment decisions should be documented with the understanding that an employee may have a statutory right to review the record.
Three-Year Retention Requirement
Employers must maintain a complete personnel record, without deletions or expungement, from the employee’s date of employment through three years after separation.
Employers should review their existing document-retention policies and practices. Records that might previously have been discarded under a routine retention schedule may now need to be preserved longer. Other federal, state, or local requirements may also require certain employment records to be retained for longer periods.
Practical Challenges for Employers
The five-business-day response period may be one of the law’s biggest practical challenges.
Personnel information often is not maintained in a single location. A file may include documents held by HR, payroll, supervisors, and outside service providers. Employers will need a reliable process for identifying responsive records, assembling the file, and producing it within the required timeframe.
Employers should not assume that only documents contained in a traditional “personnel file” are relevant. The statutory definition is considerably broader.
Enforcement and Retaliation
The law prohibits retaliation against employees who exercise their rights under the statute. It specifically addresses retaliation involving threats to contact, or contacting, immigration authorities concerning an employee or the employee’s family or household member.
The New York Attorney General will enforce the law. Violations may result in civil penalties ranging from $500 to $2,500 per violation. The statute does not create a private right of action, meaning an employee cannot bring a lawsuit solely under Section 210-b.
Nevertheless, personnel records may become increasingly important in other employment disputes. Employees who obtain their records before pursuing a discrimination, retaliation, wage, or other employment claim will have greater insight into the documentation surrounding their employment.
More Changes May Be Coming
There is an important wrinkle to the new law. In an approval memorandum accompanying her signature, Governor Hochul acknowledged ambiguities in the legislation and stated that she had reached an agreement with the Legislature to pursue amendments during the 2027 legislative session.
Among the issues expected to be addressed are whether the law requires an employer to create a personnel file when one does not already exist and whether the definition of personnel records should be limited to records actually used in specified employment decisions.
What Should Employers Do Now?
Employers should use the weeks before the effective date to:
- Identify where personnel records are maintained and determine whether they can be collected within five business days.
- Establish a process for responding to written requests, including identifying who is responsible for receiving and producing records.
- Review documentation practices for performance evaluations, disciplinary actions, and other potentially negative information.
- Develop a process for required notices when negative information is added to a personnel record.
- Review retention policies to ensure covered records are maintained for at least three years following separation.
- Review agreements with third-party providers that maintain employee records.
- Train HR personnel and supervisors on the new requirements and appropriate documentation practices.
New York’s new personnel records law represents a significant change in the relationship between employers, employees, and employment records. Employers should prepare for the November 8 effective date while continuing to monitor the Legislature’s expected 2027 amendments. Establishing clear procedures now will help employers respond efficiently when the first requests arrive.
Underberg & Kessler’s Labor & Employment attorneys are closely monitoring the legislation and will continue to provide updates. If you have any questions regarding this article or any Labor or Employment law issue, please contact Ryan T. Biesenbach at (585) 258-2865 or rbiesenbach@underbergkessler.com.
