New York Employees Gain New Personnel File Access Rights - HR ALERTS

New York Employees Gain New Personnel File Access Rights

Effective Date: November 8, 2026

Effective November 8, 2026, New York employers will be required to provide current and former employees with access to their personnel records and comply with new requirements regarding negative information placed in employee files.

Under the new law, employers must:

• Provide an employee with a free copy of their personnel record within five business days of receiving a written request.

• Allow employees to review their personnel records up to two times per calendar year.

• Notify an employee within 10 days when information is added to their personnel record that may negatively affect employment, promotion, transfer, compensation, or potential disciplinary action.

• Allow employees who disagree with information in their file to submit a written statement explaining their position. If the disputed information is later provided to a third party, the employee's statement must accompany it.

• Maintain complete personnel records throughout employment and for three years following termination.

• Refrain from retaliating against employees who exercise their rights under the new law.

Reference: NY SB S3460 

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