Starting November 8, 2026, New York employees and former employees will have greater access to information maintained in their employment personnel records. A new law signed by Governor Kathy Hochul allows workers to review records that may be considered in employment-related decisions, including those involving promotions, compensation, transfers, and discipline.
The law adds Section 210-b to the New York Labor Law and applies to both private and public sector employees.
A New Right to Review Personnel Records
Under the new law, employees may submit a written request for a copy of their personnel record, which employers must provide free of charge within five business days.
Employees will also be allowed to review their personnel records at least twice during each calendar year. A review requested in response to newly added information that could negatively affect an employee does not count toward the two-review limit.
The law also establishes a process for employees to challenge inaccurate information. An employee and employer can agree to correct or remove disputed information. If they cannot reach an agreement, the employee can submit a written statement explaining their position, which must be included in the personnel record.
The law further provides a process for seeking the removal of information that an employer knew, or should have known, was false. Employees are also protected from retaliation for exercising their rights under the law.
What Can Employees Find in Their Records?
The law covers records maintained by an employer, or by a third-party agent, that identify an employee and relate to decisions concerning employment, promotion, transfer, compensation, or discipline.
Depending on the employee and workplace, personnel records may contain applications and resumes, job titles and descriptions, pay information, performance evaluations, written warnings, probationary records, signed waivers, termination notices, and other disciplinary documents.
Employers are not required to disclose certain personal information about other individuals when doing so would amount to a clearly unwarranted invasion of that person’s privacy.
New Recordkeeping and Notification Obligations for Employers
The law also changes how employers must handle personnel records. Employers must generally maintain complete personnel records during employment and for three years after an employee’s separation.
Employers must also notify employees within ten days when information is added to their personnel record that is, has been, or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or potential disciplinary action. The new requirements mean employers should have a process in place for responding to personnel-record requests and determining when newly added information trigger the notice requirement.
There are still some unanswered questions about the scope of the law. In her signing memorandum, Governor Hochul noted concerns about ambiguities in the legislation and indicated that these issues are expected to be addressed during the upcoming legislative session.
What Should Employees Do?
The new law gives employees a useful way to see what information their employer has maintained about them and to identify records they believe are inaccurate.
If you request your personnel record, review it carefully and keep copies of any information relevant to a dispute. If a record contains inaccurate information, employee should consider documenting their concerns and using the law’s procedure to require a correction or submit a written statement. If personnel records raise concerns about discipline, compensation, discrimination, retaliation, or another workplace issue, speaking with an employment attorney can help employees understand their rights and available options.
The law takes effect on November 8, 2026, and employers and employees should be prepared for the new requirements.
If you have questions about your rights as a worker or believe your personnel records contain information that is affecting your employment, please do not hesitate to contact the attorneys at Pechman Law Group at 212-583-9500.
