On September 9, 2026, Governor Hochul signed into law legislation that expands employees’ rights related to their personnel files in New York State. This law, modeled after Massachusetts’ Personnel Record Law, brings NYS in-line with a growing number of states that explicitly provide employees with specific access rights to their personnel records.
Below is a summary of the key provisions of the law. Additionally, on October 14, 2026 from 12-1 pm EST, Michael Sciotti, partner at the law firm Barclay Damon LLP will join us for the next Ag Workforce Central Virtual Office Hour. Michael will unpack what employers need to know about the new law, what employees’ rights are, and review other employer obligations and best practices related to personnel file recordkeeping and documentation.
This new law allows employees to request, in writing, access to their complete personnel file and provides timelines for employers to respond. Employees will have the right to review their personnel files at least twice per year upon their request, and employers must respond to any requests within 5 days.
The law also includes specific requirements related to “negative information” such as written warnings, discipline, negative performance reviews, or complaint records that might be included in an individual’s personnel file. The law requires that an employee be given notice within 10 days anytime “negative information” is added to their personnel file. Employees must also be given an opportunity to dispute the negative information. If an employer and employee do not mutually agree to correct or remove the negative information, the employee must be allowed to submit their own written statement for inclusion in their personnel file. Requests to review negative information do not count towards the two access requests per year limit if implemented by an employer.
Employers will be required to maintain employee personnel files for employees until three years after the termination of employment, though other applicable laws may require certain personnel records to be maintained for longer.
As a condition of approval for this legislation, the governor requested the legislature make several changes in 2027, including clarifying that employers do not have an affirmative responsibility to create new personnel records that they do not otherwise currently maintain, and to further define the definition of personnel files covered under the law. We will monitor these changes in 2027 and report with updates when they become available.
The new law considers documents or information part of an employee’s personnel file that have been or later may be considered when examining an employee’s “qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.” This may include items such as the following:
- Name, address, date of birth,
- Job title and description,
- Rate of pay and other compensation information
- Starting date of employment
- Job application of employee
- Resumes or other materials submitted in response to an advertisement for employment
- Performance evaluations
- Written warnings, lists of probationary periods, waivers signed by the employee
- Copies of dated termination notices
- And any other documents related to disciplinary action
While revisions and further clarifications are expected, the law as written takes effect November 8, 2026. Employers should ensure their record keeping practices comply with the law in the event an employee requests to see their personnel file, and that relevant information is retained for at least 3 years after an employee’s last day of employment.
Employers should also consider working with employment counsel to review what information is currently stored in personnel files, develop or revise employee handbook policies and procedures covering the rights and obligations under this new law, and train supervisors and office staff on the obligations related to negative information.
Virtual Office Hour Scheduled for October 14
Our next Ag Workforce Central Virtual Office Hour will dive into what the new law practically means for employers, what employees’ rights are, and review other employer obligations and best practices related to personnel file recordkeeping and documentation.
Topic: Employee Access to Employer Personnel Files in NYS: The Rules Just Changed
Date: October 14, 12-1 PM EST
Guest Panelist: Michael Sciotti, Partner at Barclay Damon, LLP
Advanced registration for Virtual Office Hour is required.
Register now
