New York: Employees can request personnel files from Nov 8

From November 8, 2026, current and former New York employees can request a free copy of their personnel records in writing and must receive it within

RJ Ryan Joyce 2 min read

Compliance Watch · Issue 04

Status: Effective Nov 8

Jurisdiction: New York · Topic: Personnel records

Source: New York State Senate, September 9, 2026

Back to the issue: all 7 updates in Issue 04

What changed

From November 8, 2026, current and former New York employees can request a free copy of their personnel records in writing and must receive it within five business days. Employers need not allow more than two reviews of the file a calendar year. Employers must also notify an employee within 10 days of adding negative information to the file.

Who this affects

Employers with employees in New York, public and private, for current and former employees.

What to do

Name who handles requests, set a five-business-day turnaround, and add a step to notify employees within 10 days when negative information goes into their file.

Employer checklist

1
From November 8, 2026, accept written requests from current and former employees for a copy of their personnel records.
2
Send the copy, free of charge, within five business days. You need not allow more than two reviews of the file a calendar year; a review after a negative-information notice does not count.
3
When negative information goes into a file, notify the employee within 10 days, and keep any written statement the employee submits with it.
4
Keep each complete personnel record until three years after employment ends.
5
Name who handles requests and log each request, the date sent and each notice.

Primary source: New York State Senate, September 9, 2026. Part of Compliance Watch, Issue 04 (November 2, 2026). Last reviewed November 2, 2026.

Questions employers ask

When does this take effect?
It has been in effect since November 8, 2026. New York employers should check the official notice for the exact scope: New York State Senate, September 9, 2026.
Where is the official source?
The primary source is New York State Senate, September 9, 2026. VertiSource HR links the government page rather than a summary of it.

Questions about this update?

Every “What to do” line above is a task for someone at your company. Our clients hand the payroll and tax pieces to us and get an HR advisor for the rest.

Ask about rules in your state All 7 updates in Issue 04

General information from VertiSource HR, not legal or tax advice. How a rule applies depends on your company and your state. Check with us or your attorney before acting.

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