New York Enacts: 11/8/26 Personnel Records Disclosure Law

Effective November 8, 2026, NY will enact new rights for current and former NY employees to access, review, and dispute information contained in their personnel records. Employers that violate the new law face fines from $500 to $2,500 per violation.

Under the new law, employers must provide employees and former employees with a free copy of their personnel records within 5 business days of a written request. Employees may review their records up to 2X/calendar year.

The law broadly defines personnel records to include documents used or potentially used in decisions regarding hiring, promotion, transfer, compensation, or disciplinary action. Examples of records include job applications, resumes, performance evaluations, compensation information, written warnings, and other disciplinary actions.

A new employer burden: Employers have an affirmative duty to notify an employee within 10 days of adding negative information that could affect an employee’s job status or compensation. Employees have the right to submit written statements disputing information in their records.

NY employers must retain complete personnel records throughout employment and for 3 years following separation.

Many employers have expressed concern that “personnel records” are a myriad of materials spread through multiple data bases and departments and gathering such materials for a employee request to review will be burdensome, if not nearly impossible.

Do you have NY employees and are you concerned how you will comply with your new records disclosure obligations, we are here to help!

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