Client Alert: New York’s New Personnel File Law Takes Effect: What Employers Need to Do Now

Effective November 8, 2026, New York businesses will face a radical shift in the treatment of personnel files. While New York historically treated those files as employer property, a new Section 210-b to the New York Labor Law gives current and former employees the statutory right to obtain their personnel files and imposes new notice, retention and anti-retaliation obligations on employers. It applies to all public and private employers in the state, regardless of company size.

Here’s what our corporate clients need to know about the new law and key steps to take to ensure compliance:

A Broad Definition of “Personnel Record”: “Personnel record” is defined broadly to include any record that identifies the employee and is or may be used in decisions concerning qualifications for employment, promotion, transfer, additional compensation, or discipline. The bill lists specific documents that must be included, all of which are standard fare for personnel files: name and contact information, job title and description, compensation records, job application and resume, all performance evaluations, written warnings, disciplinary records, signed waivers, and termination notices. But the reference to records “used in decisions” could cover a wider swath of documents, including emails, internal evaluations, investigation findings, and other documents kept by managers and other supervisors outside of ordinary HR channels.

Quick Turnarounds on Access Requests: Upon written request, an employer must provide a current or former employee with a copy of their personnel record, at no cost, within five business days. That is a very tight turnaround depending on corporate size and structure. An employer may limit an employee to two reviews per calendar year, but a request triggered by newly added negative information does not count toward that cap.

Employees Must Be Notified of Negative Information and Have the Right to Respond: In the most dramatic departure from longstanding New York practice, employers must now notify an employee within 10 days if the employer places any information in their personnel file that may negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or possible discipline. The statute does not define “negatively affect” or prescribe the form of notice, leaving the scope of this obligation open to interpretation for the moment.

After receiving notice, the employee has the opportunity to respond. If the parties cannot agree on the file contents, the employee may submit a written statement of their position, which must be kept with the record and included whenever the disputed information is disclosed to a third party. An employee may also seek expungement, including in court, of information the employer knew or should have known was false.

Employers’ Increased Recordkeeping Obligations: Employers must maintain the complete record, without deletion or expungement, from the date of hire through three years after separation.

Prohibition on Retaliation: The law prohibits discharge, threats, discipline or other retaliation against an employee for exercising rights under the statute.

Monetary Penalties for Non-Compliance But No Private Right of Action: Enforcement is vested in the New York State Attorney General, who may impose civil penalties of $500 to $2,500 per violation. There is no statutory private right of action.

What Employers Should Do Now

Employers should take the following actions immediately to ensure compliance with the new law:

• Identify every location where personnel records are kept, including HR and payroll systems, company e-mails of all relevant supervisors and third-party platforms, and confirm that a complete record can be assembled within five business days if needed. Consider consolidating all relevant documents in centrally maintained personnel files to ensure completeness and ease of access.
• Designate one employee as point person to receive and respond to access requests.
• Adopt procedures for timely notice when negative information is added to a personnel file and for engaging with employees who have rebuttals to that information.
• Review company retention and deletion policies against the three-year post-separation recordkeeping requirement. Modify as needed.
• Train managers and HR personnel on the notice and anti-retaliation provisions.

How We Can Help

Yankwitt LLP counsels and defends a broad array of businesses in employment litigation and compliance. If you have questions or need guidance regarding New York’s Personnel File Law or would like our assistance in reviewing existing records practices, implementing request and notice procedures, and advising on requests from employees with whom a dispute is pending or anticipated, please contact Yankwitt LLP employment attorney Michael Reed or managing partner Russell Yankwitt at 914-686-1500.

About Yankwitt LLP

Founded in 2009, Yankwitt LLP is Westchester County’s go-to law firm for high-stakes and bet-the-company litigation. Backed by one of the region’s most experienced litigation teams, the firm has represented clients in cases involving complex civil and criminal matters. Yankwitt LLP also regularly handles sophisticated disputes in Westchester for national law firms and frequently serves as trial counsel for local firms.

This client alert is provided for general informational purposes only and does not constitute legal advice.
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