New York has enacted a significant new law that will substantially change employers’ obligations concerning employee personnel records. Governor Kathy Hochul recently signed legislation adding Section 210-b to the New York Labor Law, which takes effect on November 8, 2026.
For the first time, employees and former employees will have a broad statutory right to obtain copies of their personnel records from New York employers. All employers with one or more employees must comply with the new laws.
The law also imposes affirmative obligations on employers to:
- Maintain personnel records;
- Notify employees when certain negative information is placed in their personnel records,
- Preserve personnel records for at least three years after separation, and
- Refrain from retaliating against employees who exercise their rights under the law.
Beginning November 8, 2026, when a current or former employee makes a written request for his or her personnel record, an employer must provide a copy of the personnel record within five business days of the submission of the written request, at no cost to the employee.
An employer generally does not have to permit an employee to review the personnel record more than two separate occasions in a calendar year unless an employer has placed negative information in the personnel record. A review triggered by the placement of negative information does not count toward the two-review limit.
Employers should begin preparing to comply with the law now. With a five-business-day deadline for responding to a personnel record request, and a ten-day notice requirement when negative information is placed in a personnel file, employers need to have an organized procedure in place before the law becomes effective.
The new law defines a “personnel record” broadly, and specifically identifies the following records as being included:
- The employee’s name, address, and date of birth;
- Job title and job description;
- Rate of pay and other compensation;
- Starting date of employment;
- The employee’s job application;
- Resumes or other employment inquiries submitted by the employee in response to an employer advertisement;
- Performance evaluations;
- Written warnings of substandard performance;
- Lists of probationary periods;
- Waivers signed by the employee;
- Dated termination notices; and
- Other documents relating to disciplinary action concerning the employee (those that identify the employee and are used, have been used, or may be used in connection with specified employment decisions).
Importantly, these records are not limited to a physical “personnel file” maintained by an employer’s Human Resources Department.
In addition, if any information is placed into in an employee’s personnel record that is, has been, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or potential for disciplinary action, the employer must notify the employee within ten days of placing the information in the personnel record and allow the employee to request a copy of his or her personnel file.
Employers should not wait until an employee is terminated to disclose a disciplinary memorandum, performance warning, or other negative document that has been placed in the employee’s personnel record.
If an employee disagrees with information contained in his or her personnel record, the employer and employee may agree to correct or remove the disputed information, but if they cannot agree, the employee may submit a written statement explaining the employee’s position, which then must become part of the personnel record and disclosed with the negative document or personnel file. The employee’s written statement must also be included whenever the disputed information is transmitted to a third party, so long as the original information is retained in the file.
Significantly, the new law prohibits an employer from discharging, threatening, penalizing, discriminating against or otherwise retaliating against an employee for exercising rights under the law, and specifically identifies threats involving immigration authorities as prohibited retaliation. Accordingly, an employee’s request for his or her personnel record should be treated as a protected employment activity, and review carefully any adverse employment action which follows such a request.
Violations of Section 210-b are subject to a fine of not less than $500 and not more than $2,500 per violation, enforced by the New York Attorney General, and the anti-retaliation protections can create additional exposure under other provisions of the New York Labor Law related to discrimination and retaliation.
Employers should not wait until the new law is in effect to get ready. If you need assistance, contact Christine Malafi at cmalafi@cmmllp.com.
