New York law effective Nov. 8 requires employers to provide personnel records within five business days
Key points
- From Nov. 8, employers must provide a free copy of personnel records within five business days of a written request
- Employers must notify employees within 10 calendar days when adding potentially negative information
- Records kept three years after employment ends; violations carry fines of $500 to $2,500
Effective Nov. 8, 2026, New York employers must provide current and former employees with a free copy of personnel records within five business days of a written request, regardless of employer size. Employers must notify employees within 10 calendar days when adding potentially negative information, and employees may attach a written response if they and the employer cannot agree on corrections. Records must be kept for three years after employment ends, and retaliation is prohibited. Employees may be limited to two reviews per calendar year. Violations carry fines of $500 to $2,500. This is for reference only and does not constitute legal advice.
What employers should do
- Update the personnel record request process to meet the five-business-day deadline at no cost
- Set up a 10-calendar-day notice process for adding potentially negative information and retain records for three years
Policy details
- Jurisdiction
- New York
- Status
- In effect
- Effective date
- 2026-11-08
- Employers covered
- All public and private employers regardless of size
- Official source
- View official source ↗
Original report: HRMorning ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.