New York Enacts Personnel File Access Law, Granting Employees Greater Rights
New York Governor Hochul has signed into law a new personnel file access bill, creating Labor Law Section 210-b. This legislation grants employees and former employees specific rights regarding their personnel records, a significant shift from previous regulations where such records were considered solely employer property. Effective November 8, 2026, both private and public employers in New York will be mandated to maintain a 'personnel record' for each employee, defined broadly to include any record that identifies an employee and is used or may affect their qualifications for employment, promotion, transfer, compensation, or disciplinary action. Employers must retain these records for three years post-termination. A key provision requires employers to notify an employee within ten days if any information is placed in their personnel record that could negatively impact their employment standing. Employees and former employees will also gain the right to request and receive a copy of their personnel recor...
