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Employment Tip of the Month – October 2026
Q: Are employees entitled by law to access their personnel files?
A: There is no federal law that gives private-sector employees the right to view their personnel files. Access is regulated entirely by state-specific laws.
There are currently 19 states that legally require employers to permit employees (and sometimes former employees) to view and/or obtain a copy of their personnel file. As of November 8, 2026, that number will increase to 20, when New York’s recently enacted Personnel Records Access Law goes into effect. The majority of states have no law requiring access to personnel files and there is no federal law that confers on current or former employees a statutory right to access their personnel files.
As of October of 2026, the following states provide right of access to current employees: Alaska, California, Colorado, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, Oregon, Pennsylvania, Rhode Island, Virgina, Washington, and Wisconsin.
Some states, including New York (as of November 8, 2026), also allow former employees to view their personnel files. Each state has its own caveats to access. For example, Washington allows for a former employee to retain the right of rebuttal or correction for up to two years following their separation from employment.
New York’s new law, Senate Bill 2025-S3460, was signed by Governor Kathy Hochul on September 9, 2026, adding Section 210-b to the New York Labor Law. The law covers public and private sector employers, including individuals, corporations, partnerships, labor organizations, unincorporated associations, other legal businesses and employer agents.
Employers operating in New York should familiarize themselves with the requirements of Section 210-b now, before it goes into effect, and update their document-management and onboarding practices accordingly, as non-compliance may expose them to claims under the New York Labor Law.
What Will New York Law Require?
The law in New York will require employers to provide current and former employees with a copy of their personnel records within five (5) business days of a written request, up to twice per calendar year, at no cost to the employee.
Employers also must notify employees within ten business (10) days after placing information in a personnel record that is, has been, or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action.
If there is a disagreement with any information within the personnel record, removal or correction of the information may be mutually agreed upon by the employer and the employee. If the employee doesn’t agree with the information the employer places in the file, the employee can submit a written statement explaining the employee’s position, which must become a part of the employee’s personnel record and must accompany the disputed information when it is transmitted to a third party, so long as the original information remains in the file. Employers are not required to permit an employee to review their personnel record more than twice per calendar year, but a notification and review resulting from the placement of negative information in the record does not count toward that limit.
Under the new law, to the extent employers create personnel records, without deletions or expungement of information, they are required to maintain them from the date of employment through three years after termination of the employee’s employment.
What Types of Documents Are Covered Under New York’s Personnel Records Law?
The New York law expressly defines “personnel records” to include the following written information and documents prepared by an employer regarding an employee, for inclusion in the employee’s personnel record:
Name, address, date of birth, job title and description
Rate of pay and any other compensation paid to the employee
Starting date of employment
The job application of the employee
Resumes or other forms of employment inquiry submitted by the employee to the employer in response to the employer's advertisement
All employee performance evaluations, including but not limited to employee evaluation documents
Written warnings of substandard performance
Lists of probationary periods
Waivers signed by the employee
Copies of dated termination notices
Any documents relating to disciplinary action regarding the employee
The law applies broadly and is not limited to the above-listed documentation. Examples of documents also likely covered include:
1. Employment agreements and offer letters signed at the start of the employment relationship
2. Handbook and policy acknowledgment forms, such as sign-offs on anti-harassment policies, code of conduct agreements, or confidentiality acknowledgments
3. Performance improvement plans that the employee is asked to sign to confirm receipt
4. Separation-related documents, such as resignation acknowledgments or exit interview forms, to the extent they are placed in the personnel file
Note that the law expressly excludes, “information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of such other person’s privacy.”
The law prohibits employers and other persons from discharging, threatening, penalizing, discriminating, or retaliating against employees who exercise their statutory rights.
Practical Tips for New York Employers
New York employers should keep several practical points in mind as they prepare to comply with Section 210-b of the Labor Law:
1. Review current practices and protocols. Before November 8, 2026, New York employers should review their personnel record practices and retention procedures. Employers should establish a protocol for tracking and responding to an employee’s request for the employee’s personnel file. Determine whether your organization already provides employees with copies of all signed personnel documents. Employers also should evaluate whether covered personnel records maintained by third-party providers can be produced within five business days.
2. Update onboarding and HR workflows. Ensure that standard operating procedures require HR personnel and managers to provide a copy of every signed document to the employee at the time of signing. Consider building this step into electronic onboarding platforms and document management systems so that copy delivery is automatic rather than dependent on individual compliance to ensure timely compliance with the notification requirements.
3. Leverage electronic signature and document management tools. Employers using e-signature platforms can configure them to send a completed copy of each signed document to the employee automatically, which streamlines compliance and creates a reliable audit trail.
4. Train HR staff and supervisors. Managers and HR professionals who handle personnel paperwork should be informed of the new requirement and understand that every signed document placed in a personnel file must be accompanied by delivery of a copy to the employee. Employers should train HR personnel and managers on the law’s access, notice, retention, and anti-retaliation requirements.
5. Document delivery of copies. Maintain a record confirming that each signed document was provided to the employee. Whether through an electronic system's automatic confirmation, an email transmittal, or a signed acknowledgment of receipt, this documentation can be important if compliance is later questioned.
What Are the Risks of Non-Compliance?
For companies that violate the law, New York’s Attorney General would be empowered to seek penalties ranging from $500 to $2,500 per violation, and workers who face discrimination or retaliation for asserting their rights would have a private right of action.
Broader Considerations
New York's enactment of Section 210-b is part of a broader trend of states strengthening employee access to workplace records. For instance, California employers must allow current and former employees to inspect and receive copies of personnel records relating to the employee’s performance or any grievance concerning the employee. In addition, California employers must also provide education and training records upon the employee’s authorized request within a 30-day window. In contrast, employers in the state of Texas are not required to turn over personnel files to current or former employees. Employers operating in multiple jurisdictions should be aware that personnel-file access laws vary significantly from state to state.
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