New York employees will soon have a statutory right to access their personnel files - by Douglas Rowe
On September 9, 2026, governor Kathy Hochul signed legislation adding Section 210-b to the New York Labor Law, giving current and former employees a statutory right to access their personnel records. The new law takes effect November 8, 2026.
For employers, the practical message is clear: personnel records that previously may have been treated as internal HR documents should now be maintained with the expectation that an employee may eventually see them.
What Does the New Law Require?
Beginning November 8, 2026, a current or former employee may submit a written request for access to his or her personnel records.
Employers generally will be required to provide the requested records within five business days, without charging the employee for the records.
The statute defines personnel records broadly. The definition generally encompasses records that identify an employee and are used, have been used, or may affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action.
Importantly, the law applies to former employees. An employer therefore may receive a personnel-file request months or even years after an employee has left the company, subject to applicable limitations and record-retention requirements.
Employees generally will be permitted to make up to two requests per calendar year. Certain requests relating to negative information placed in a personnel record are treated separately under the statute.
Negative Information Requires Particular Attention
The new law also establishes procedures concerning negative information placed in an employee’s personnel record.
Employees will have an opportunity to review and dispute certain negative information and, under specified circumstances, submit a written statement addressing the information.
This provision makes the quality of an employer’s documentation particularly important.
Performance evaluations, disciplinary memoranda, written warnings, attendance records and other documentation concerning an employee’s performance or conduct may become the subject of scrutiny.
Employers should therefore avoid informal, exaggerated or unsupported statements about employees and should ensure that disciplinary and performance documentation is accurate, objective and consistent with the employer’s legitimate business reasons.
Why Is This Important for Employers?
The new law creates more than an administrative obligation.
A personnel-file request could be submitted immediately before or after an employee’s termination, the filing of a discrimination or retaliation complaint, a wage dispute, or threatened litigation.
The records produced could potentially provide an employee with information that may be used to challenge an employer’s stated reasons for an employment decision or identify inconsistencies in the employer’s documentation.
For example, an employer defending a discrimination claim may assert that an employee was terminated for performance reasons. If the employer’s personnel records contain inconsistent performance evaluations, unexplained changes in the employee’s status, or informal communications that contradict the employer’s stated rationale, those records could become significant.
Employers should therefore begin thinking of personnel records differently: If it is in writing, assume the employee may eventually read it.
What Should Employers Do?
1. Audit Existing Personnel Files
Determine what documents are maintained in personnel files and where other employee-related records are stored. Pay particular attention to electronic records and records maintained outside the formal HR file.
2. Review Documentation Practices
Managers and HR personnel should understand that emails, performance evaluations, disciplinary memoranda, notes and other written communications concerning employees may potentially become subject to an employee’s request.
Documentation should be factual, professional and consistent.
3. Establish a Response Procedure
The statute’s five-business-day response period makes a defined internal process important.
Designate the individuals responsible for receiving, reviewing and responding to personnel-file requests and establish a process for ensuring that requests are handled promptly.
4. Review Record-Retention Policies
Review existing record-retention practices to ensure compliance with applicable federal, state and local requirements.
5. Train Managers and HR Personnel
Managers should understand that written communications concerning employees may ultimately be reviewed by the employee. Training should address appropriate documentation of performance problems, disciplinary issues, complaints and employment decisions.
6. Consult Counsel When Appropriate
Not every document relating to an employee will necessarily be subject to disclosure. Employers should consult counsel when a request is made in connection with threatened or pending litigation, an administrative charge, an internal investigation, or other circumstances raising questions concerning privilege or confidentiality.
The Bottom Line
New York’s new personnel-file access law represents a significant change for employers. The combination of a broad access right, a five-business-day response deadline, coverage of former employees, and new requirements concerning negative information warrants careful attention.
Before November 8, 2026, employers should:
• Identify who will receive and respond to personnel-file requests.
• Audit existing personnel files and identify where employee-related records are maintained.
• Review documentation and record-retention practices.
• Train managers and HR personnel on appropriate employee documentation.
• Establish a process for meeting the five-business-day response deadline.
• Consult counsel regarding disclosure, privilege, confidentiality and compliance issues.
A request may arrive following a termination, employee complaint or other employment dispute. Employers that establish their procedures before that happens will be better positioned to respond efficiently and minimize unnecessary risk.
Douglas Rowe is a partner in the labor and employment practice group at Certilman Balin, East Meadow, N.Y.