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Per our previous Client Alert, the New York Legislature recently passed a bill imposing new obligations on employers regarding employee personnel records. The Governor has since signed that bill into law.
Effective November 8, 2026, all New York employers will be required to comply with the following:
- Employers must provide current and former employees with a complete copy of their personnel record, at no cost, within five (5) business days of receiving a written request.
- Employers must notify employees within ten (10) days whenever information is added to their personnel record that could negatively affect employment, including promotion, transfer, compensation, or discipline.
- Employees who disagree with information in their personnel record may request that the information be corrected or removed. If the employer and employee cannot agree, the employee may submit a written statement explaining their position, which must become part of the personnel record.
- Employers may generally limit employees to two (2) personnel records access requests per year, not including requests related to review of negative information placed in the employee’s file.
- Employers may not retaliate against employees who request a copy of their personnel record.
- Employers must retain a complete personnel record for three years after an employee’s termination, including performance evaluations, written warnings, compensation information, termination notices, and disciplinary-action documents.
For the purposes of the above, a “personnel record” includes the following information or documents, to the extent prepared by an employer, regarding an employee’s:
- Name, address, and date of birth
- Job title and description
- Records showing rate(s) of pay and any other compensation paid to the employee
- Starting date of employment
- Job application, resumes or inquiries submitted to the employer in response to a job posting
- Performance evaluations
- Documented warnings or other disciplinary action, including but not limited to written warnings of substandard performance
- Lists of probationary periods
- Waivers signed by the employee
- Dated termination notices
Employers who fail to comply with the above requirements may face a civil penalty up to $2,500. However, there is no private right of action – enforcement power lies only with the New York Attorney General.
Employers should take steps to review their personnel record maintenance and retention practices and ensure they are compliance-ready by November 8, 2026. Employers may also consider adding a written policy to their employee handbook detailing these procedures to demonstrate compliance.
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