Beginning November 8, 2026, employers with New York employees will face new requirements for personnel records, including employee access, notice and retention obligations.
New Access and Notice Requirements
Employees may request a copy of their personnel record in writing, and employers must provide it within five business days.
Employers must also notify employees within 10 days after placing negative information in their personnel record. Employees generally may make up to two record review requests per calendar year, although reviews triggered by negative information do not count toward that limit.
What’s Included in a Personnel Record?
The law covers records maintained by an employer, or a third-party vendor on its behalf, that identify an employee and are or could be used in connection with employment decisions.
This can include applications and resumes, compensation information, performance evaluations, written warnings, termination notices and other disciplinary records.
Employers must retain personnel records for three years after termination.
Disputes, Retaliation and Penalties
Employees may seek to have disputed information removed or corrected by agreement with their employer. If no agreement is reached, the employee may submit a written rebuttal that becomes part of the record.
The law prohibits retaliation against employees who exercise their rights. Violations can result in fines of $500 to $2,500, although employees do not have a private right of action.
More Changes May Be Coming
Legislative amendments are expected in 2027 to address certain ambiguities, including whether employers must create or produce records they do not already maintain and which records fall within the law.
Until then, employers will be bound by the law as currently written.
Key Takeaways
Before November 8, employers with New York employees should:
- Review the employee records they maintain.
- Consider procedures for responding to requests and providing required notices.
- Update handbook or policy language that conflicts with the new law.
- Monitor potential legislative amendments in 2027.
For more information, contact the authors or read the full Davis+Gilbert alert.
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