CLIENT ALERT:

New York Grants Employees a Right to Their Personnel Records

A new Labor Law provision takes effect November 8, 2026, creating new compliance obligations and new litigation considerations for New York employers.

——————————————————————————————-

On September 9, 2026, Governor Kathy Hochul signed legislation adding Section 210-b to the New York Labor Law. The new provision gives current and former employees a statutory right to access their personnel records and takes effect on November 8, 2026.

The practical implication for employers is significant: records that may once have been treated as internal HR documents should now be prepared and maintained on the assumption that the employee may one day read them.

Employers generally must produce the requested records within five business days and may not charge the employee for them.

The law also establishes procedures governing negative information placed in an employee’s personnel record. Employees will have the opportunity to review and dispute certain negative information and, in specified circumstances, to submit a written statement in response.

The new law is more than an administrative requirement. A personnel-file request may arrive shortly before or after a termination, a discrimination or retaliation complaint, a wage dispute or threatened litigation.

The records produced could give an employee information with which to challenge the employer’s stated reasons for an employment decision or to identify inconsistencies in the employer’s documentation.

The bottom line is, New York’s personnel-file access law marks a significant change for employers. A broad access right, a five-business-day response deadline, coverage of former employees and new procedures for negative information together warrant careful preparation.

If you have any questions regarding this Alert, please contact Benjamin Noren at BN@DHClegal.com. Of course, you can also contact the DHC attorney with whom you usually work.

—————————————————

This alert is provided for general informational purposes only and does not constitute legal advice.