New York’s New Personnel Records Law: What Employers Need to Do Now 

Starting November 8, 2026, New York employers will have new obligations when current or former employees request access to their personnel records. Employers will need processes in place to locate responsive records, respond within a short timeframe, notify employees when certain negative information is added to their files, and preserve personnel records for at least three years after employment ends.  

For small businesses, the biggest challenge may not be understanding the law itself. It may be figuring out where employee records are stored, who responds to requests, and whether your business can produce a complete file quickly enough to meet the new requirements. 

Here’s what New York employers should know and do now. 

Key Takeaways 

• The law takes effect November 8, 2026. 
• Current and qualifying former employees will have personnel-record access rights. Former employees generally have three years after separation to request access.  
• Personnel records must generally be preserved for at least three years after separation. Other applicable laws may require longer retention periods for specific records.  
• Now is the time to review your processes. Map where employee records are stored, establish ownership of requests, review policies, and confirm vendor readiness. 
• Monitor future developments. Amendments are anticipated during the 2027 legislative session that could clarify aspects of the law.  

What does New York’s new personnel records law require? 

New York’s new law, Section 210-b of the New York Labor Law, gives current and former employees a statutory right to access their personnel records. 

The law takes effect November 8, 2026, giving employers a limited amount of time to review their current recordkeeping and response processes.  

Among other requirements, the law generally requires employers to: 

• Provide current and former employees with a copy of their personnel file after a written request
• Respond within five business days 
• Provide the records at no charge 
• Notify employees within 10 days when certain negative information is added to their personnel file 
• Give employees an opportunity to dispute certain information through a written rebuttal 
• Preserve personnel records without deletions for at least three years after employment ends 
• Avoid retaliation against employees who exercise their rights under the law  

The law applies broadly to New York employers, including private-sector employers. It also covers former employees who separated from employment within the preceding three years.  

What rights do current and former employees have? 

Employees and qualifying former employees will have the right to request access to their personnel records in writing. 

The law generally covers employer-maintained records related to employment decisions, including records concerning hiring, advancement, compensation, or discipline. Examples include applications and resumes, job titles and descriptions, compensation information, performance evaluations, warnings, probationary records, signed waivers, and disciplinary or termination documents.  

Former employees are also covered, with a three-year lookback period after separation from employment. 

Employees may also dispute information in their personnel records. If an employer and employee cannot agree on whether to amend or remove disputed information, the employee can submit a written rebuttal that becomes part of the record and must accompany the disputed material when it is subsequently shared outside the organization.  

How quickly must employers respond to personnel record requests? 

Employers will have five business days after receiving a written request to provide a copy of the personnel file. 

That timeline is one of the biggest operational considerations for employers. 

A personnel record request may sound simple, but an employee’s information may be spread across multiple systems and locations. A business might have documents in a human resources information system (HRIS), payroll system, manager files, shared drives, email, paper files, or with an outside HR or payroll provider. 

Employers should not wait until their first request arrives to figure out who has access to these records or how they will be collected. 

What information could be included in a personnel file? 

The law uses a broad definition of personnel records and identifies several specific categories of information. 

Depending on the circumstances, personnel records can include: 

• Employee identifying information 
• Job title and description 
• Compensation information 
• Start date 
• Applications and resumes 
• Performance evaluations 
• Written performance warnings 
• Probationary records 
• Employee-signed waivers 
• Termination notices 
• Disciplinary records 

The law also addresses records maintained by third-party service providers on an employer’s behalf, meaning outsourcing record storage does not eliminate the employer’s responsibility to comply.  

Employers should also be careful about what information belongs in a personnel file. Certain records, including medical or accommodation-related information, may be subject to separate confidentiality and recordkeeping requirements.  

What challenges could small businesses face when responding to requests? 

The five-business-day response period could create practical challenges for employers without a dedicated HR department. 

Common challenges may include: 

• Finding the records. Employee information may be stored in multiple systems or locations. 
• Determining what is responsive. Employers may need to determine which documents fall within the law’s definition of a personnel record. 
• Protecting other employees’ information. Records may contain information about other individuals that should not be disclosed because doing so could create privacy concerns. 
• Coordinating with vendors. Payroll companies, HR technology providers, professional employer organizations (PEOs), or other third parties may maintain records on an employer’s behalf. Employers should know how quickly they can retrieve those records.
• Tracking deadlines. A request cannot simply sit in an HR inbox. Employers need a process for documenting when a request was received and who is responsible for completing it. 

For small businesses, having a clear process before the law takes effect can make responding to a request significantly more manageable. 

What should New York employers do before November 8? 

Employers should use the time before the effective date to evaluate how they create, store, access, and maintain personnel records. 

Start by mapping where employee records currently live. Include your HR system, payroll platform, paper files, shared drives, manager files, and third-party providers. 

Then establish a process for handling a personnel record request from start to finish. 

Your process should identify: 

1. Who receives the request 

2. Who determines what records are responsive 

3. Where records need to be collected from 

4. Who reviews records before they are provided 

5. How privacy concerns are addressed 

6. How the five-business-day deadline is tracked 

7. How the response is documented 

8. Who handles an employee’s dispute or rebuttal 

Creating this process now can help prevent a rushed response later. 

What changes should employers make to their recordkeeping practices? 

The new law is a good reason to take a closer look at how your organization manages personnel records. 

Consider creating a consistent personnel-file structure so similar records are stored in the same place for every employee. Digitizing paper records may also make it easier to locate and produce documents when necessary. 

Employers should also review their retention schedules. The new law requires personnel files to be preserved intact for at least three years after an employee’s separation, although other laws may require certain records to be retained for longer periods.  

Your recordkeeping process should also account for records maintained by outside vendors. Confirm that your providers can locate and transmit responsive records quickly enough to help you meet the five-business-day deadline. 

Should New York employers update their employee handbook or HR policies? 

The new law may warrant updates to policies and procedures addressing personnel records and employee requests. 

Employers should consider whether their handbook or internal HR policies accurately explain: 

• How personnel records are maintained 
• Who handles employee record requests 
• How employees can submit requests 
• How the company handles personnel record disputes 
• How records are retained 
• Who has access to confidential employee information 

Employers should also make sure managers understand that performance documentation and disciplinary records may ultimately be subject to an employee’s access rights. 

What is the new 10-day notice requirement for negative information? 

One of the law’s additional requirements is that employers notify employees within 10 days when certain negative information is added to their personnel file. The statute does not clearly define every situation that qualifies as negative information, creating uncertainty for employers.  

Employers should review their performance management and disciplinary processes to determine how to incorporate this notification requirement. 

Managers should also understand that adding documentation to an employee’s file may trigger additional HR responsibilities. 

Because the law’s definition and application of “negative information” may be clarified further, employers should monitor future guidance and legislative developments. 

What should employers know about the law’s enforcement? 

The New York Attorney General has exclusive enforcement authority under the new law. Civil penalties can range from $500 to $2,500 per violation, and employees do not have a private right of action under this particular statute.  

The law also prohibits retaliation against employees who exercise their rights under the statute. Because this is a new law, employers should continue monitoring legal developments and any future guidance or amendments that may clarify how to apply the requirements. 

How can GMS help New York employers prepare? 

For small businesses, preparing for a new personnel records requirement can be difficult when HR responsibilities are already spread across business owners, managers, and administrative teams. 

Group Management Services (GMS) can help businesses organize and manage many HR processes related to employee records, documentation, payroll, and compliance. 

GMS can support employers with: 

• HR guidance for employee documentation and day-to-day HR questions 
• HR technology through GMS Connect to help organize employee and workforce information 
• Employee record management and HR administration 
• Compliance support to help businesses stay aware of changing employment requirements 
• Employee onboarding and offboarding processes 
• Workplace policies and documentation 
• Payroll and employee data management 

GMS can help your business navigate the HR processes behind these changes and build a more organized approach to employee records, documentation, and compliance. Contact us today to get started.