New York's New Personnel File Law: 5 Things Every Employer Should Do Before November 8th

Beginning November 8, 2026, New York employers will be required to provide employees and former employees with access to their personnel records upon request. While many employers already provide some level of access, this new law creates specific timelines, notice requirements, record retention obligations, and employee rights that employers should prepare for now.

The good news? For employers with organized HR practices, compliance should be relatively straightforward, and you’re likely already doing a lot of this. For those without clear processes, now is a good time to put some structure in place before the law takes effect.

 What Changed?

New York has enacted a new law requiring employers to:

• Provide current and former employees with copies of their personnel records within five (5) business days of receiving a written request.

• Provide these records at no cost to the employee, up to twice per year.

• Notify employees when certain negative information is placed in their personnel file.

• Allow employees to submit written responses to information they dispute.

• Retain personnel records for the duration of employment plus three (3) years after separation.

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

Violations may result in enforcement by the New York Attorney General and civil penalties.

 What Does This Mean for Employers?

This law is about much more than simply handing someone a copy of their personnel file. It also means employers should assume that anything placed in an employee's personnel record may eventually be reviewed by that employee—and potentially by an attorney, agency investigator, or court that they are bringing this information to. As a result, any documentation that goes into this file or that you might hand over in the future has much greater of a need to be objective, accurate, professional, and appropriate for long-term retention. In many ways, this law reinforces what should already be considered good HR practice for employee file keeping.

5 Things Employers Should Do Before November 8th to Prepare

1. Know What Constitutes a "Personnel Record"

The law defines personnel records broadly. These records may include documents maintained internally, through your payroll provider, through your HRIS, through other third-party HR vendors. It incudes any documentation that would normally keep in an employee file (according to what you are allowed to by law!).

This is a good opportunity to identify where employee information is actually stored and who has access to it.

 2. Create a Process for Employee Requests

Because employers only have five business days to respond, waiting until a request arrives to figure out your request and submission process is likely too late.

Determine now:

• Who receives personnel file requests?

• Who gathers the documents?

• Who reviews them before release and makes necessary redactions?

• How will copies of records be delivered?

• How will requests be documented?

Establishing a simple internal process can make responding compliantly much more likely later. Note- you should always make sure to review a file before handing it over to an employee. If you’re unsure what is good or bad to share, having a third part review before sharing is also wise!

Note, this law does not give employees the right to inspect the whole and original employee file. Simply review copies of the qualifying “personnel record” within the file. For this reason, you should not simply hand over the file when a request is made. Instead a process like the one above should be created to process requests, and only copies should be provided of information required, NOT original documents.

 3. Review Your Documentation Practices

Managers and anyone wearing an “HR hat” should understand that documents they create today may ultimately be reviewed by the employee. Quality matters more than ever.

Avoid documentation that is:

• Emotional

• Subjective

• Speculative

• Disrespectful

• Unsupported by facts

Instead, focus on documenting behaviors, facts, performance expectations, and business impacts.

 4. Develop a Process for Negative Information

One of the biggest changes under this law is the requirement to notify employees when information is placed in their personnel file that has been, is being, or may be used to negatively affect employment decisions, including discipline, promotions, transfers, compensation, or continued employment. Employers should determine how this will now be done- a separate document, or by integrating compliance into already existing processes?

 Note, if you already make it a practice to only input information of this nature if/once it’s delivered to an employee (a verbal coaching that’s documented, disciplinary action, PIP, etc.) then no other “notice” should be required here. If you are not having employees sign and date such documents now when delivered, this would be a good modification to these documents.

If you have an existing practice regarding the review and release of files to employees, these should be updated as well, including anything you might mention in your employee handbook. Note, you are not required to notify employees of this updated law, or have a policy in your handbook covering this topic as a part of this law.

 5. Review Your Record Retention Practices

Employers should ensure personnel records are retained:

• Throughout employment; and

• For at least three years following separation.

If records are stored across multiple systems or vendors, now is a good time to ensure retention practices are consistent.

 A Few Important Things to Remember

• Employees may submit written statements disputing information contained in their personnel records. This does not mean the employer must agree to modify or change the information. But when such disputes are submitted, they and any responses to them should generally become part of the personnel record as well/

• The law also contains broad anti-retaliation protections. Employees cannot be disciplined or retaliated against for exercising their rights under the statute.

We can help

If you're unsure whether your current personnel file practices meet the new requirements, we're happy to help. Whether it's reviewing your documentation practices, creating a compliant request process, updating your handbook or policies, or training managers on effective documentation, we can help you put practical processes in place that minimize risk without creating unnecessary administrative burden.