Governor Signs Bill to Guarantee Employees Right to See Personnel Records
Following precedent set in a number of other states, the New York legislature has approved a bill to give workers expanded access to personnel records. The new law, signed by governor Kathy Hochul on September 9, 2026, goes into effect on November 8 of this year. In addition to ensuring employees the right to see personnel records, the new statute mandates notice of any negative information that will be entered into the record, gives employees the right to challenge personnel records, requires employers to take certain steps to ensure proper retention and safeguarding of records, and establishes protections against retaliation.
Who Is Subject to the New Law?
The provisions set forth in the new law apply to both public and private employers. Under the terms of the new law, an employer may be defined as an individual, partnership, corporation, labor organization, or other business entity.
The law guarantees rights to individuals who live in New York and work for New York-based employers, but also governs the rights of anyone who works remotely within the state.
What Does the Law Guarantee?
Once it goes into effect, the law requires that all employers deliver any current or former employee with a copy of their personnel record within five days of receiving a written request.
The statute broadly defines what constitutes a personnel record as essentially any document that has been used, may be used or may affect any decisions regarding employment, such as hiring, promotion, transfer, compensation or disciplinary action.
The Additional Protections under the New Law
Other components of the law include:
- A requirement that employers provide written notice to the employee within 10 days of placing any negative information in the employee’s personnel record
- The creation of a formal process to allow employees to challenge any information in a personnel record
- A requirement that employers keep a complete personnel record for three years following the employee’s departure from the company
- Language that strictly prohibits retaliation against an employee for exercising rights granted by the new law
Let Stephen Hans & Associates Help You Ensure Compliance with New York Employment and Labor Laws
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers many years, helping them meet employment law requirements and protecting their rights in employment litigation, including claims involving allegations of workplace retaliation. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan.