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Personnel Records Law: What Employers Need to Know NYS requirements for employee file requests and negative feedback

Personnel Files 2026 Law

Effective November 8, 2026, New York employers will face new requirements for providing employees access to their personnel records, notifying them of negative information and handling disputed documentation.

The new law establishes formal procedures and deadlines for practices many employers may already follow. Although Governor Hochul has acknowledged that portions of the law need clarification, employers should prepare for the November 8 effective date while monitoring potential legislative amendments in 2027.

What's Happened?

For many employers, the basic concepts behind the new law won't be particularly new. Employers may already provide employees with copies of personnel records upon request, and good HR practice includes discussing performance concerns and corrective action with employees rather than simply placing documentation in a file.

Key Requirements:

5 Business Days 10 Days 2 Times Per Year 3 Years
Responding to requests: Employers must provide a current or former employee with a copy of their personnel record at no cost within 5 business days of receiving a written request. Negative information: Employers must notify an employee within 10 days when covered information is placed in their personnel record that is, has been or may be used to negatively affect employment, promotion, transfer, compensation or potential disciplinary action. Employees may review their personnel record up to twice per calendar year. Reviews related to newly added negative information do not count toward this limit. Record retention: Covered personnel records must be kept by the employer for a period of 3 years after termination.

Other Key Requirements:

  • Employee disputes: Employees may dispute information in their record. If the employer and employee do not agree to correct or remove the information, the employee may submit a written response that becomes part of the record.
  • Non-retaliation: Employers may not retaliate against employees for exercising their rights under the law.
  • Personnel records: The law defines personnel records broadly and can include applications and resumes, job descriptions, compensation information, performance evaluations, written warnings, termination notices and disciplinary documentation.

A Note About Negative Feedback

This is one area where good HR practice and the new requirements should already be closely aligned.

An employee should not be surprised to discover negative feedback or corrective action in their personnel record. Performance concerns and disciplinary issues should be discussed with employees as they occur.

The new law adds a formal notification requirement to that process. Employers will need to make sure that covered negative information is communicated within 10 days of being placed in the personnel record.

What Should Employers Do Before November 8?

  • Designate someone to receive and respond to personnel record requests.
  • Document when a request is received, what records are provided and when they are provided.
  • Review where personnel records are maintained, including electronic files and documentation maintained by supervisors.
  • Establish a procedure for notifying employees when covered negative information is added to their files.
  • Make sure supervisors understand how performance and disciplinary documentation should be handled.
  • Review record retention practices.
  • Continue to maintain confidential records, such as medical information and Form I-9 documentation, separately as appropriate.

Employers may also offer employees an opportunity to discuss their records. However, a meeting should not delay the employer's response or become a condition of providing the requested documentation.

What Happens if Employers Don't Comply?

Violations may result in fines ranging from $500 to $2,500, with enforcement by the New York Attorney General.

Need Help Preparing?

HR One can help you review your current practices and develop practical procedures for complying with the new requirements.

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