Effective November 8, 2026, New York’s personnel-record law creates new duties for employers and rights for current and former employees. Following a written request, employers generally must provide a copy of the employee’s personnel record at no cost within five business days. Employers are not required to provide access more than twice in a calendar year. The law also requires notice within ten days after certain potentially negative information is placed in an employee’s record.

Disputes and retention

If an employee disagrees with information in the record and the parties cannot resolve the dispute, the employee may submit a written statement explaining their position. The employer must keep that statement with the personnel record, including when providing the record to a third party. Employers must retain former employees’ personnel records for three years after separation. The law prohibits retaliation for exercising these rights and provides for potential penalties.

Recommended actions

Before the effective date, identify where personnel-related records are kept, including supervisor notes, performance reviews, discipline, compensation and promotion materials. Establish a central HR process for receiving and tracking requests, responding within the deadline, documenting notices, preserving employee statements and applying the three-year retention period. Train supervisors to route relevant records to HR promptly. Review any questions about the scope of a personnel record with employment counsel.

Useful links

New York Senate bill S3460

New York legislative text