Beginning November 8, 2026, New York employers must allow employees to see their personnel files upon request.
On September 9, 2026, Governor Hochul signed a new law giving employees the right to see their personnel files. Until now, New York generally did not require private employers to provide employees with these records.
The law takes effect on November 8, 2026. It applies to every New York State employer, even businesses with just one employee.
Here is what you need to know:
Employees can request their files, and you have five business days to respond
Current and former employees can request copies of their personnel files in writing. You must provide the records within five business days, free of charge.
Generally, you do not have to provide access more than twice per calendar year.
The personnel file includes more than what you keep in a folder
The law covers records relating to hiring, pay, promotions, performance, and discipline. This includes applications, resumes, pay rates, performance reviews, written warnings, termination notices, and waivers signed by employees.
Records kept by your payroll company or HR provider may also be covered. So may notes and write-ups that a manager keeps separately.
You must notify employees when you add negative information
If you add something to an employee’s file that could hurt their chances of a promotion, raise, or transfer, or could lead to discipline, you must notify the employee within 10 days.
Employees can challenge what is in their files
If an employee disputes something in the file, you can agree to correct or remove it. If you cannot agree, the employee can submit a written statement explaining their position, which must become part of the file.
If you later share that information outside the company, the employee’s statement must accompany it. Employees can also ask a court to remove information the employer knew or should have known was false.
You must keep personnel files after employees leave
The law requires employers to keep complete personnel files, with nothing removed, throughout employment and for at least three years after an employee leaves. Former employees can request their records just as current employees can.
Other New York laws require certain employment records, including payroll records, to be kept for six years. We recommend reviewing your record-retention practices before destroying any employee records.
Keep your handbook or written personnel policies available
If your business has an employee handbook or written personnel policies, a current copy must be kept at the office where personnel matters are handled.
Retaliation is prohibited, and employees can sue
You cannot punish or threaten employees for requesting their files or disputing information in them. An employee who claims retaliation can sue for lost pay, damages, up to $20,000 in additional damages, and attorneys’ fees under New York's existing anti-retaliation law. Be especially careful about discipline or termination soon after an employee requests a file.
Violations can be costly
Violations of the law carry fines of $500 to $2,500 each. The New York Attorney General enforces the law. As noted above, retaliation claims can cost far more.
What Should You Do Before November 8?
- Decide who will handle employee requests and make sure that person knows about the five business days deadline.
- Find out where your employee records are kept, including records held by managers and payroll companies.
- Establish a procedure for notifying employees when negative information is added to their files.
- Review your record-retention practices. Do not routinely discard personnel records without checking the applicable requirements.
- Remind managers to be careful about what they put in writing.
One Important Warning
Employees who are thinking about suing their employers may use this law to get a free preview of the employer’s records before filing a lawsuit.
A poorly written disciplinary notice, inconsistent performance reviews, or an inappropriate comment in a supervisor’s notes could become evidence against the business.
The best protection is to maintain accurate, complete, and professionally written personnel records.
For any questions or assistance, contact us.
