New York Employers: Get Ready for Personnel File Requests

Beginning November 8, 2026, current and former employees can request a copy of their personnel records. Employers must provide it free of charge within five business days.

What does this mean for your business? An employee may see the written records you keep about their performance, compensation and discipline—including records spread across HR systems, manager files and certain vendor systems. If an employee disputes something in the record, their written response may have to stay with it and accompany it if the disputed information is sent to a third party.

The law also requires employers to notify employees within 10 days after adding information to their personnel record that may negatively affect their employment, compensation or disciplinary status. Employers must retain complete personnel records during employment and for three years after separation. Retaliation for exercising rights under the law is prohibited. The Attorney General may enforce violations, with fines of $500 to $2,500.

What should you do now?

Decide who will receive and handle personnel-record requests. The five-business-day deadline is short.
Find out where employee records are kept, including in managers’ files and with payroll or HR providers. Confirm you can retrieve them promptly.
Review how you document performance concerns and discipline. A written warning or evaluation may trigger the 10-day notice requirement, so build notice into the process.
Train managers to keep employment-related records factual, professional and in the right systems. Do not stop documenting legitimate performance issues; assume that records used in employment decisions may be reviewed by the employee.
Update retention practices so personnel records are preserved through employment and for at least three years after separation.

The Governor and Legislature have agreed to pursue amendments in 2027 to clarify the law’s scope. Employers should prepare to comply with the law as written when it takes effect on November 8.

Francine E. Love is the Founder and Managing Attorney of LOVE LAW FIRM PLLC, dedicated to serving entrepreneurs, startups, and small businesses. This article is provided for general informational purposes and does not constitute legal advice.