New York Bill Allows Employees to Access Personnel Records

New York Gov. Kathy Hochul recently signed a bill that requires the state’s public and private employers to provide current and former employees with access to their personnel records.

As international law firm Seyfarth Shaw noted in a recent synopsis, the law takes effect on Nov. 8, 2026, and also imposes new notice, recordkeeping and anti-retaliation requirements for New York employers.

The legislation “ensures that employees have access to their personnel files and are notified when a negative report is filed against them,” according to a statement from Hochul’s office.

“Transparency is the foundation of a modern, equitable workforce, but too many workers are denied access to the files their employers maintain about them,” the statement read, noting that New York joins at least 17 other states in guaranteeing employees access to personnel files.

According to Seyfarth Shaw, the law generally requires employers to provide current and former employees with a copy of their personnel records within five business days of a written request, at no cost to the employee.

In addition, employers must also notify employees within 10 days after placing information in a personnel record that is, has been, or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action.

The law permits employees to respond to disputed information, while employers are obliged to retain personnel records throughout employment and for three years thereafter. Employers are prohibited from retaliating against employees who exercise their rights under the law, with violations drawing fines ranging from $500 to $2,500.

“The people of New York deserve to know that their jobs and their rights are protected, no excuses,” New York State Senator Andrew Gounardes said in a statement.

“It’s not rocket science that every worker deserves fair access to their own personnel file and the power to correct it when something false is put there.”