Effective November 8, 2026, New York employers must give current and former employees timely access to their personnel files and notify employees when certain negative information is added to those files.
Employers must provide copies of personnel records upon an employee’s written request within five (5) business days, at no cost to the employee. Employers must also notify employees within ten (10) days of placing information in their personnel file that may negatively affect employment opportunities, transfers, promotions, compensation, disciplinary actions, or continued employment. Employees may submit a written rebuttal or explanation regarding disputed information to their employers. Employers must keep the employee’s statement in the personnel file and include it whenever the file is sent to a third party, provided the disputed information remains in the file.
Employee Review Limit
Employers are not required to permit an employee to review their personnel record in person more than two (2) times per calendar year. Reviews prompted by the employer’s negative information notice do not count towards this cap, so an employee can still respond promptly to new negative information even after exercising both of their annual reviews.
Scope of Personnel Record
A “personnel record” subject to the law includes:
- Name, address, date of birth, job title, and job description,
- Rate of pay and any other compensation paid to the employee,
- Starting date of employment,
- Employee’s job application, resume, or other forms of employment inquiries submitted in response to the employer’s job advertisement by the employee,
- All employee performance evaluation documents,
- Written warnings of substandard performance, lists of probationary periods, and waivers signed by the employee, and
- Copies of dated termination notices and any other documents relating to disciplinary action regarding the employee.
What Employers Should Do Now:
- Review and update personnel file policies and procedures.
- Establish a formal process to receive, track, and respond to personnel file requests within the five (5) business day deadline.
- Create procedures to ensure timely employee notifications when negative information is added to personnel files.
- Set up a system to track in-person personnel file reviews, since employees are limited to two (2) per calendar year, except for reviews tied to a negative-information notice, which do not count toward the limit.
- Implement a process to maintain employee rebuttal statements in their personnel records.
- Review record retention practices to ensure personnel files are retained for at least three (3) years following termination.
- Train HR personnel, managers, and administrators on the new requirements and response deadlines.
Retention Requirements
Employers must retain a complete personnel file from the date of hire through three (3) years after separation from employment and may not remove or delete records during the retention period. Employers that maintain written personnel policies must also keep copies of those policies at the office responsible for personnel matters.
Penalties for Non-Compliance
If you receive a written request for records from an employee, we urge you to prioritize the request in order to comply with the five (5) business-day requirement. Employees may file a complaint with the New York Department of Labor (NYDOL) for alleged violations of the law.
Employers found non-compliant may be subject to civil penalties of $500.00 to $2,500.00, as enforced by the Attorney General. Retaliation claims may create additional liability, as employers are prohibited from retaliating against employees who request personnel records, dispute file contents, or otherwise exercise rights under the law.
PrestigePEO anticipates that NYDOL will issue guidance and will continue to monitor for updates.
