Author: Marie O’Brien
On September 9, 2026, Governor Hochul signed legislation adding Section 210-b to the New York Labor Law, giving current and former New York employees new rights to access their personnel records. New York City has no separate generally applicable requirement, so Section 210-b applies there as it does elsewhere in the State. Effective November 8, 2026, Section 210-b also imposes new notice, recordkeeping, and response obligations on employers.
What does Section 210-b cover?
Section 210-b broadly defines a “personnel record” as any record identifying an employee that is or may be used in connection with employment qualifications, promotion, transfer, compensation, or disciplinary action, including records maintained by third parties on the employer’s behalf. Personnel records include, among other things, job applications and resumes, job titles and descriptions, compensation information, performance evaluations, written warnings, probationary-period records, termination notices, and other disciplinary records.
What are the key requirements for employers?
Beginning November 8, New York employers will be required to:
- Notify employees within 10 calendar days after placing information in their personnel record that is or may be used to negatively affect employment, promotion, transfer, additional compensation, or disciplinary action;
- Provide current and former employees, upon written request from such current or former employees, with a copy of their personnel records, at no cost to the employee, within 5 business days;
- Permit employees to review their personnel records up to twice per calendar year. A review resulting from the placement of negative information in the file does not count toward this limit;
- Allow employees to dispute information in their records. If the employer and employee cannot agree on a correction or removal, the employee may submit a written statement explaining their position, which becomes part of the personnel record and generally must accompany the disputed information when transmitted to a third party (such as a prospective employer); and
- Retain complete personnel records throughout employment and for 3 years following termination, without deleting or expunging information except as permitted by Section 210-b.
Violations may result in fines ranging from $500 to $2,500, and Section 210-b prohibits retaliation against employees for exercising their rights. The New York Attorney General is responsible for enforcement.
What should employers do now?
Employers with New York employees should use the period before November 8 to review their personnel-record practices. In particular, employers should:
- Identify and centralize records that may constitute personnel records under Section 210-b, including records maintained by managers or third-party service providers, for current employees and former employees whose employment ended within the past three years;
- Establish a process for responding to requests within the required 5-business-day period, including designating the person or team responsible for receiving requests and reviewing records before production;
- Consider issuing guidance or updating an employee handbook or policy to explain how requests should be submitted and who will handle requests for review, correction, or removal of information;
- Implement procedures to identify negative information added to personnel records and provide the required notice to employees;
- Review record-retention practices to ensure personnel records are preserved for the required 3-year post-termination period, while also accounting for any longer retention obligations under other applicable laws or litigation holds; and
- Prepare for an initial increase in requests from both current and former employees, particularly from individuals involved in performance management, disciplinary matters, workplace complaints, or recent terminations.
The Nilson Law Group is available to assist employers in drafting, reviewing and updating their personnel record policies and procedures and preparing for compliance before November 8, 2026.
This newsletter is for general informational purposes only and does not constitute legal advice. Its contents should not be relied upon without obtaining advice tailored to your specific circumstances. Please contact us with any questions.
