Personnel Records Law Changes the Terrain for New York Employers and Workers

November 6, 2026

–Client Alert

Personnel Records Law Changes the Terrain for New York Employers and Workers

A new law requires New York employers to give their employees access to their own personnel records upon request. This law (New York Labor Law Section 210-b) goes into effect November 8, 2026.

What is a personnel record?

The law defines a personnel record as a record 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.”

The law contains various examples of records that belong in the personnel record, including: the individual’s job application, the rate of pay and any other compensation paid, all employee performance evaluations, written warnings of substandard performance, and more.

Wait, doesn’t that sound familiar?

Yes. The New York law is very closely modeled on the Massachusetts personnel records law.

There are a few differences. One key difference is that while parts of the Massachusetts law apply only to employers with 20 or more employees, the New York law does not have any headcount threshold. This means even very small employers must comply with the New York law.

Why does it matter?

Access to personnel files gives employees additional information during disagreements. For example, if an employee makes an allegation of discriminatory termination, and the employer states that the termination was actually because of several years of poor performance, the employee can check whether there are performance reviews that support—or undermine—that claim. (For a further discussion about how performance reviews affect employment litigation, read our prior post on Managing Performance, Managing Risk.)

While personnel records are not encyclopedias of every piece of evidence that might be relevant in a dispute, this law gives employees the right to obtain some relevant information even before there is a formal dispute.

What other rights does an employee have?

An employee has the right to be notified within 10 days after the employer places information in a personnel file if that information is, has been, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action.

In the event of a disagreement about information in a personnel file, the employer and employee may agree on a removal or correction. If they do not agree, the employee may submit a written statement that will be added to the personnel file.

If an employer places false information in a personnel file even though it knows (or should have known) it was false, the law itself does not create a new remedy, but it provides that “the employee shall have remedy through the collective bargaining agreement, other personnel procedures or judicial process to have such information expunged.”

Finally, and crucially, employees must not be discriminated or retaliated against because they have exercised their rights under this law.

If you have questions about personnel records laws, please contact a member of the Employment & Benefits Practice Group.

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Personnel Records Law Changes the Terrain for New York Employers and Workers

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