This post was co-authored by Labor + Employment group member, Bryce Simmons.
Effective November 8, 2026, New York employers will be subject to a personnel record law that creates rights for current and former employees while imposing several new obligations on employers. Prior to this law, no such rights or compliance obligations existed related to personnel files in the state. The law applies broadly to public and private employers, regardless of size, and allows current and former employees to request copies of their personnel records and challenge information they believe is inaccurate. Personnel records may include job applications, performance evaluations, disciplinary documents, compensation information, and other records relating to hiring, promotion, compensation, transfer, or discipline. Although lawmakers are expected to consider amendments that may clarify certain provisions, manufacturers may want to begin reviewing their personnel recordkeeping, retention, and human resources procedures ahead of the law’s effective date.
What the Law Requires of Employers
- 5 Business-Day Response Requirement: Employers must provide current and former employees with a copy of their personnel records within five business days after receiving a written request. However, employers are not required to allow employees to review their personnel file more than two times in one calendar year.
- 10 Day Notice Requirement: Employers must notify employees within ten days after placing information in a personnel record that may negatively affect the employee’s employment, promotion, transfer, compensation, or result in disciplinary action. While the law does not define what is considered “negative” information, it will likely include unsatisfactory evaluations, written warnings, or other performance management materials. Notably, the notification of negative information placed in the file will not count toward one of the two times employees are allowed to review their file.
- Preservation of Employee Rebuttals: If an employee disagrees with any information contained in their personnel file (and the employer and employee cannot come to an agreement on said information), the employee may submit a written statement explaining their position. Employers are required to include that statement in the personnel record, including when submitting the file to a third party.
- 3-Year Retention Requirement: Employers must maintain former employee’s personnel records for three years after an employee’s separation from employment.
- Anti-Retaliation Protection: Employers may not discharge, threaten, penalize, discriminate against, or retaliate against employees for exercising rights under the law.
- Penalties: Violations may result in fines ranging from $500 to $2,500 per violation.
Key Takeaways for Manufacturers
First, pay particular attention to any records created outside the immediate attention of human resources. For example, if there are supervisors who document attendance, safety incidents, or other performance-related conduct separate from what is considered an employee’s formal personnel file, that information is subject to the law so centralizing records/personnel processes might make future disclosure simpler. Before the law takes effect, employers can identify where records are created and stored and create a process for supervisors to route any employment-related documentation to human resources for review and retention. This will help ensure that all records required to be maintained under the statute are handled consistently across facilities.
Conclusion
New York’s new personnel file law represents a significant change for New York employers. The law not only creates broad employee access rights to personnel records, but it also imposes new notice, retention, and response obligations on employers. Employers may wish to review of their current personnel file practices, retention procedures, and human resources policies to ensure they are prepared when the law takes effect on November 8, 2026.