New York State Enacts Personal Record Access Law
On September 9, 2026, Governor Kathy Hochul signed legislation, creating for the first time a statewide right for New York employees and former employees to access, review, and challenge information contained in covered personnel records. The legislation significantly expands public and private employer obligations regarding personnel records, including record retention, disclosure, notice, and access rights. The law takes effect on November 8, 2026.
The law broadly defines a “personnel record” as “a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.”
Under the new law, employers will be required to:
- Provide employees and former employees with a copy of their personnel records within five business days of receiving a written request.
- Permit employees to review their personnel records at least twice per calendar year.
- Notify employees within 10 days when negative information is placed in their personnel record that may affect employment, promotion, transfer, compensation, or disciplinary decisions.
- Maintain personnel records throughout employment and for at least three years following separation from employment.
- Allow employees to submit written responses disputing information contained in their personnel records.
Littler:
New York Enacts Broad Employee Access Rights to Personnel Records
