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New law effective November 8, 2026 - employee access to personnel files

UNY Communications
11 minutes ago
3 min read

By Tracy Rickett, UNY Human Resources Manager | Email



On September 9, 2026, Governor Hochul signed new legislation requiring public and private employers to provide employees and former employees with access to personnel records upon written request, notify employees when certain negative information is added to their files, and comply with new recordkeeping and anti-retaliation obligations. This new law is effective November 8, 2026.


Under the new law, personnel records are defined as records kept by an employer that include documents maintained by the employer relating to an employee’s qualifications, employment status, compensation, promotion opportunities, or disciplinary history. These records include:


  • Employee Name, Address, and Date of Birth;

  • Job Title and Job Description;

  • Rates of pay and other compensation paid to the employee;

  • Employment start date and dated termination notices;

  • Job application and resumes;

  • Waivers signed by the employee;

  • Employee performance evaluations and documents;

  • Written warnings of substandard performance;

  • Probationary period documentation; and

  • Other documents related to disciplinary action.


The law excludes certain personal information concerning other individuals. Personnel records may not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a “clearly unwarranted” invasion of the other person’s privacy.


As a reminder, certain employment-related documents must be kept separate from an employee’s personnel file. These documents include Form I-9, NYS wage notice forms, and medical/benefit related documents and forms.


Highlights of the new law include the following.


Access to Personnel Records


  • The new law allows employees to review their personnel records up to two times per calendar year.

  • Upon written request, employers must provide a free copy of the personnel record within five business days of a written request.

  • Employers must maintain a complete copy of an employee’s personnel record, without deletions or changes, from the employee’s date of hire through three years after the termination of employment. Please note the Upper New York Annual Conference’s record retention period for personnel records is 7 years.


Notification of “Negative Information”


  • Employers are required to notify an employee within ten days after placing “negative information” in the employee’s personnel record.

  • Notification and review caused by the placing of negative information in the employee’s personnel record does not count toward the employee’s two annually permitted reviews.

  • Negative information includes information affecting the employee’s employment, promotion, transfer opportunities, compensation, or potential disciplinary action.

  • An employer and employee may agree to correct or remove disputed information in a personnel file. If an agreement is not reached, the employee may submit a written statement explaining the employee’s position, which must be included in the personnel record.


Enforcement and Penalties


  • The law allows employees to seek injunctive relief to remove information from their personnel records that their employer knew or should have known was false.

  • Employers may be subject to civil penalties ranging from $500 to $2,500 for each violation of the statute.

  • The new law prohibits employers from discharging, threatening, penalizing, discriminating against, or retaliating against any employee who exercises their rights under the new law.


Next Steps for Employers


  • Establish a process for personnel file requests - Who will receive and respond to requests and ensure that personnel records can be located, reviewed, and produced within the five business days deadline.

  • Review what is maintained in personnel files – Employers should understand what documents and information are being placed in personnel files.

  • Create a procedure for “negative information” – Employers should establish a process for identifying information subject to the law’s notice requirement and ensuring that employees receive the required notice within 10 days after the information is placed in their personnel files.

  • Train supervisors – Supervisors and Human Resources personnel should understand that placing disciplinary or other negative information in an employee’s personnel file may trigger the new notice requirements.


If you have any questions on this topic, please contact Tracy Rickett, Human Resources Manager, at 315-898-2017 or TracyRickett@unyumc.org.

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