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New York employers will soon face significant new obligations concerning employee personnel files. Effective November 8, 2026, a new provision of the New York Labor Law will give current and former employees greater rights to access their personnel records and challenge negative information contained in those records.

Under the new law, employers generally must provide an employee with a copy of their personnel record, at no cost, within five business days of receiving a written request. Employers must also notify an employee within 10 days when information is placed in the employee's personnel record that has been, or may be, used to negatively affect employment, promotion, transfer, compensation, or disciplinary decisions.

Employees who disagree with information in their files will have an opportunity to submit a written response. The law also prohibits retaliation against employees for exercising their rights.

One of the biggest challenges for employers is determining exactly what constitutes a "personnel record." The statute uses a broad definition that potentially reaches beyond the traditional HR personnel file. This raises practical questions about whether supervisors' notes, internal communications, performance documentation, and other records maintained outside the formal personnel file may be covered.

Employers should begin preparing now by:

• Reviewing what documents are maintained regarding employee performance and discipline;
• Establishing procedures for responding to personnel-file requests within five business days;
• Creating a process for providing required notices when negative information is added;
• Training managers and HR personnel regarding documentation practices; and
• Reviewing document-retention practices and determining where employee-related records are maintained.

Importantly, additional changes may be coming. Governor Hochul signed the legislation while identifying ambiguities that she expects the Legislature to address, including clarification that employers are not required to create personnel files or produce documents they do not already maintain. Employers should therefore prepare for the November effective date while continuing to monitor further legislative guidance.

The broader takeaway is that personnel files can no longer be treated simply as internal employer records. Employers should assume that performance and disciplinary documentation may ultimately be reviewed by the employee—and potentially scrutinized in subsequent litigation. Clear, accurate, consistent, and objective documentation will therefore become even more important.

‍Outside Legal Counsel LLP advises employers, executives, and boards on New York employment law compliance, personnel policies, employee discipline and documentation, workplace investigations, and strategies to minimize employment litigation risk.
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This newsletter is for informational purposes only, is not legal advice, and may be considered attorney advertising.

#NewYorkEmploymentLaw #EmploymentLaw #HRCompliance #PersonnelFiles #WorkplacePolicies #EmploymentLitigation

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