MSS Employment Client Alert -- New York Requires Expanded Rights to Personnel Records

October 1, 2026

Client Alerts

Beginning November 8, 2026, New York employers will face new requirements regarding employee access to personnel records under New York Labor Law Section 210-b. The new law expands employees’ rights to review their personnel files and creates additional obligations for employers concerning disclosure, record retention and information that could negatively affect an employee’s employment.

Among other requirements, employers must provide personnel records within five days of a written request, notify employees when certain potentially adverse information is added to their files, allow employees to submit written statements disputing that information, and retain personnel records for at least three years following separation from employment.

The law broadly defines personnel records and may also encompass employee information maintained by third-party vendors, including payroll providers, HR information systems and outside performance management platforms.

In this Client Alert, MSS’s Employment Group outlines the new requirements, potential consequences for non-compliance and steps employers should consider taking now to prepare for the November 8 effective date.

Read the full Client Alert here.