New York employers will soon have new responsibilities for providing access to employee personnel records and managing the information those records contain. Effective November 8, 2026, new Labor Law § 210-b establishes access, notice, rebuttal, and retention requirements affecting both private and public employers.
On October 22, 2026, I presented a webinar on the new law and practical considerations for HR professionals, business owners, and managers. The law reaches beyond responding when someone asks to see a file. It also affects how employers document employee issues and handle disagreements about their records.
Slides from the presentation are also available here.
Below are key issues employers should consider as they prepare for the new requirements.
What Counts as a Personnel Record?
The law’s definition is broader than the contents of a folder labeled “Personnel File.” It focuses on records identifying an employee that are used, have been used, or may affect or be used in connection with employment, promotion, transfer, additional compensation, or disciplinary decisions.
The statute identifies categories such as applications, performance evaluations, written warnings, compensation information, and termination notices. It also reaches covered records maintained by a third party under contract with the employer.
As a practical matter, employers should examine where relevant records actually reside. HR files, supervisor records, and outside systems may all need attention. Moving a document to a separate folder does not, by itself, determine whether it falls within the statutory definition.
Responding to Requests Within Five Business Days
Under the enacted law, an employer receiving a written request must provide the employee with a copy of the personnel record, at no charge, within five business days. The definition of employee includes both current and former employees.
That response period leaves little room to begin locating records or assigning responsibility after a request arrives. Employers should establish who receives requests, tracks deadlines, gathers documents, and reviews the response.
The law generally permits employers to limit reviews to two occasions per calendar year. However, notification and review resulting from the addition of negative information do not count toward that limit.
Employers should also review documents for information about others. The statute excludes personal information about another person where disclosure would constitute a clearly unwarranted invasion of that person’s privacy. That calls for a thoughtful review rather than automatically turning over every document mentioning the requesting employee.
When an Employee Disagrees With the Record
Employees may disagree with an evaluation, warning, or account of an incident. The statute allows the employer and employee to agree to correction or removal of disputed information.
If they do not reach agreement, the employee may submit a written statement explaining their position. The statement becomes part of the personnel record and must accompany the disputed information when it is transmitted to a third party, as long as the original information remains in the file.
There is also a specific provision for information the employer knew or should have known was false. The law provides for expungement through a collective bargaining agreement, other personnel procedures, or judicial process.
Employers should distinguish a disagreement with an assessment from an allegation that the record contains false facts. Both deserve attention, but an employee’s objection does not automatically require the employer to withdraw its assessment.
Anticipated Amendments Do Not Eliminate the Need to Prepare
Governor Hochul announced an agreement with the Legislature to clarify aspects of the law. Employers should monitor those developments while preparing for the November 8 effective date.
Announced changes should be distinguished from enacted amendments. In the meantime, identifying record locations, assigning responsibility, and training HR and supervisors are useful preparation steps.
Practical Steps Employers Can Take
Employers should consider:
- Identifying where personnel records are maintained and who controls them.
- Establishing a central process for written requests and deadline tracking.
- Reviewing evaluation and disciplinary practices for negative information notices.
- Creating a process for employee rebuttals and disputed information.
- Coordinating retention practices with supervisors and outside providers.
- Training employees responsible for documentation and disclosure.
The law provides for Attorney General enforcement and fines ranging from $500 to $2,500. It also prohibits retaliation against employees exercising their rights. Requests and objections should be handled through a consistent process, even when they arise during an employment dispute.
New York Personnel Files Law Frequently Asked Questions
Does the law apply to small employers?
Yes. The enacted statute does not establish a minimum employee count. Its employer definition includes both private and public employers.
Can former employees request their records?
Yes. Former employees are expressly included in the employee definition. Employers should incorporate post-employment requests into their response procedures.
Does a supervisor’s separate file fall outside the law?
Not necessarily. The content and use of the record matter. Keeping it outside the main HR file does not automatically exclude it.
Must an employer remove a warning whenever an employee objects?
No. The statute permits agreed corrections or removal and provides a process for employee rebuttals. It separately addresses expungement of information the employer knew or should have known was false.
Preparing for Employee Access
The new law makes it more important to know what employee records your organization maintains, where they are located, and who is responsible for responding when an issue arises.
Employers should aim for a process that supports accurate documentation, timely responses, appropriate protection of sensitive information, and consistent handling of employee objections.
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