The Bottom Line
- Beginning November 8, 2026, employers with New York employees will be required to provide copies of personnel records upon request and notify employees of negative information placed in their file.
- The new law gives employees the right to dispute information in their personnel record and requires employers to retain the record for three years after an employee’s termination.
- Employers should review the employee records they maintain, consider procedures for responding to record requests and providing required notices, and update any handbook or policy language that conflicts with the new law.
Effective November 8, 2026, the New York Labor Law will allow current and former employees to request a copy of their personnel record and will impose additional compliance obligations on employers.
Employee Right to Personnel Record Access and Notification
- Employee Requests: Employees can request a copy of their personnel record in writing.
- Time to Respond: Employers must provide a copy of the personnel record within five (5) business days of the employee’s request.
- Notice of Negative Information: When an employer places negative information in an employee’s personnel record, the employer must give the employee notice within ten (10) days. This includes information that is used, has been used, or “may be used” to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or potential disciplinary action.
- Request Limit: Employers are not required to grant more than two (2) record review requests per employee each calendar year. However, reviews triggered by the placement of negative information in the personnel record do not count toward this cap.
What Qualifies as a Personnel Record Under the New York Law?
- Personnel Record Defined: Under the law, a “personnel record” is a record kept by an employer (or a third-party vendor that maintains records for the employer) that identifies an employee and is or could be used in connection with their qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.
- Personnel File Contents: The following documents and information must be included in the personnel record, if kept by the employer, although the law expressly provides that this list is not exhaustive:
- Employee’s name, address and date of birth
- Job title and job description
- Pay rate and other compensation
- Start date
- Job applications and resumes
- Performance evaluations
- Written warnings of substandard performance
- Probationary period records
- Waivers signed by the employee
- Termination notices
- Any other documents relating to disciplinary action
- Record Retention: Employers must keep a copy of employee personnel records for three (3) years after termination of employment.
Employee Dispute Rights, Anti-Retaliation Protections and Employer Penalties
- Rebuttal Right: If an employee disagrees with information contained in their personnel record, the employer and employee may mutually agree to remove or correct it. If no agreement can be reached, the employee has the right to submit a written rebuttal, which becomes part of the personnel record.
- No Retaliation: Employers may not discharge, threaten, penalize or otherwise discriminate or retaliate against employees who exercise their rights under the law.
- Penalties for Violations: Employers that violate the law can face fines ranging from $500 to $2,500, but employees do not have a private right of action.
Legislative Amendments Are Expected in 2027
Upon signing Senate Bill 3460 into law, New York’s Governor issued an approval memorandum indicating that an agreement had been reached with the legislature to address certain ambiguities in the bill during the next legislative session. Expected changes include the following:
- Employers will not be required to create a file or produce new documents beyond the records they already maintain.
- Personnel files will only include records or documents actually “used” rather than those that “may” be used to determine discipline and other employment decisions.
While employers will be bound by the law as currently written, they should monitor potential legislative amendments in 2027.
Additional HR Considerations
Since the law will allow employees to dispute negative information in their personnel file, employers should be aware that extended disagreements over the contents of the file could increase the risk of a retaliation claim.
In addition, while employers are not legally obligated to affirmatively notify employees of their rights under the law, any employee handbook or other policy stating that New York employees do not have the right to access their personnel file should be updated to remove such language.