Employees who work in New York state will soon have a statutory right to access and dispute information that their current and former employers keep about them in their personnel records.  On September 9.  New York Governor Kathy Hochul signed the Access to Personnel Records Act into law.   Although the Governor is working with the Legislature on 2027 amendments to the new law, as of November 8, 2026, employers with employees in New York state must:

• Include information in an employee’s personnel records that is used to affect an employee’s qualifications for employment, promotion, transfer, additional compensation or disciplinary action;
• Notify an employee promptly when placing information in such records that could be used as the basis for disciplinary action or negatively affect their qualifications for employment, promotion, transfer or additional compensation;
• Provide employees who request their personnel records with a free copy at least twice a year;
• Give employees whose personnel records contain negative information a third time each calendar year to see that file;
• Allow employees to dispute the information contained in their personnel records; and
• Avoid taking retaliatory action against employees who exercise their rights under the law.

Employers who fail to comply could  financial penalties from the state’s attorney general ranging from $500 to $2500.   The new law, which adds a new section to the state’s Labor Law, section 210-b, is expected to be a powerful tool for employees who are often in the dark about management’s decisions affecting their employment until it is too late to do anything about it, and for employment attorneys representing employees as they typically can’t obtain such records until after they file a lawsuit on the employee's behalf against the employer.  For employers, the new law will require them to identify where in their organizations qualifying records are kept (which could go beyond typical personnel file documents to include emails and other electronic communications); establish procedures so personnel records are maintained properly and that the law’s notice/employee access requirements are followed; and ensure that those individuals in the organization who are producing personnel records are also complying with attorney client privilege and privacy requirements before producing records.

Here are some key points of the new law:

“Personnel records” are defined broadly under the law and include:  information used, that may affect or could be used to affect an employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action.  Such records must be maintained in type-written or printed form or handwritten in indelible ink, kept for three years after the termination of such employment, and must  specifically include the following information about an employee:

• Name, address, date of birth,
  • Job title and description
  • Rate of pay and any other compensation
  • Start date
  • Job application
  • Resumes or other forms of employment inquiry submitted to the employer in      response to the employer's advertisement
  • Performance evaluations/documents, written warnings regarding substandard performance, and any other              documents relating to disciplinary action
  • Probationary periods
  • Waivers signed by the employee and
  • Termination notices.

Excluded from  the definition of personnel records is: “information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of such other person's privacy. “

Notice and Response requirements:

Response to requests from current and former employees: Employers must provide a copy of an employee’s records at no cost to the requester within 5 days of receipt of the request.

Notification to employees regarding negative information:  Employers must notify employees within 10 days of placing such information  in the personnel record.

How disputes about information are to be handled: If an employee disagrees with information in the personnel record, the employer and employee can mutually agree to remove or correct the information.  However, if the employer and employee cannot agree on this, the employer must give the employee an opportunity to provide a written statement explaining their position, and that statement must stay in the personnel file.

Employment policies: The law also requires employers that have written employment policies  regarding the terms and conditions of employment to keep copies of such policies at the location where the employer’s personnel decisions are administered.

If you have any questions about the new law or need assistance complying with it, please call Fried-Grodin Employment Law at 973-718-2714.