New York's new personnel records law changes how employers should think about documenting performance and disciplinary issues.
Effective November 8, 2026, Labor Law § 210-b requires employers to provide current and former employees with a free copy of their personnel record within five business days of a written request. Two other provisions deserve attention.
The law defines "personnel record" broadly
Coverage turns on how a record is used, or could be used, in employment decisions, rather than where it is kept. A "personnel record" includes records identifying an employee that are used, have been used, or may affect or be used to assess the employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.
The statute's non-exhaustive list includes resumes, applications, compensation records, performance evaluations, written warnings, signed waivers, and disciplinary documents.
In practice
Employers should assess where these records are maintained and how quickly they can gather them in response to a request.
Negative information triggers a notice obligation
Employers must notify an employee within 10 days of adding information that may "negatively affect" the employee's qualifications for employment, promotion, transfer, or additional compensation, or the possibility of disciplinary action. The statute does not define "negatively affect" or specify the form of notice.
If an employee disagrees with information in their personnel record, the employer and employee may agree to correct or remove it. If they cannot reach an agreement, the employee may submit a written response that becomes part of the record and must accompany the disputed information when it is shared with third parties.
In practice
- A performance note added "for documentation" can trigger a notice obligation.
- Employers should revisit how managers document concerns, how those records reach HR, and who is responsible for providing notice.
- Performance documentation should be clear, factual, and written with employee review in mind.
What comes next
An amendment expected in the 2027 legislative session may narrow the definition. Until then, the law applies as written.
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