Beginning November 8, 2026, a new New York law will require employers to provide employees with copies of their personnel records upon written request and notify them when negative information is added to their files.
New York Labor Law § 210-b applies to both current and former employees. Employers should use the time before the effective date to review their recordkeeping practices and prepare for the following requirements.
What Employers Need to Know
- Five business days to provide records. Employers must provide a free copy of an employee’s personnel record within five business days of a written request. Employees are entitled to two reviews of their personnel file per calendar year. Reviews prompted by newly added negative information (discussed below) do not count toward that limit.
- 10 days to notify employees of negative information. Notice is required when information added to a personnel record is, has been, or may be used to negatively affect employment qualifications, promotion, transfer, additional compensation, or potential disciplinary action.
- Employees can respond to disputed information. Employers and employees may agree to correct or remove an entry. If no agreement is reached, the employee may submit a written response that becomes part of the record and must accompany the disputed information when shared with third parties while that information is retained.
- Records must be retained after employment ends. Complete personnel records must be maintained throughout employment and for three years after termination. Other laws or litigation preservation obligations may require longer retention.
What Counts as a Personnel Record?
The law extends beyond a traditional HR folder. Covered records include employment-related documents used to evaluate an employee’s qualifications, compensation, advancement, or discipline, as well as covered records maintained by outside providers under contract with the employer. Certain personal information about other individuals is excluded to protect their privacy.
What Should Your Business Do Now?
Before November 8, we recommend that employers:
- Review where personnel records are stored, including records held by outside HR providers.
- Designate a person responsible for handling requests and tracking deadlines.
- Establish procedures for notifying employees when covered negative information is added.
- Create a process for handling disputed entries and employee responses.
- Review retention policies and train managers and HR staff.
Failure to comply with this new law can result in fines, and retaliation claims from employees who may be denied while attempting to exercise their rights.
If you have questions about how these requirements affect your business, please contact your usual Kahn Yuniver Law attorney. We can help review your existing practices and develop policies and procedures tailored to your workplace.
