NY Personnel File Access Law: What You Must Do by November 8

What employers should know about key developments this week:

• New Employee Access Right: Starting November 8, 2026, New York employers must allow current and former employees to access their personnel files up to two times per calendar year, and employers must produce the files within five business days.
• Notification and Response Rights: An employer must notify an employee within 10 days of placing any negative information in the employee's personnel file. The employee has the right to respond, and that response will be included in the personnel file unless the employer and employee agree otherwise.
• Collective Bargaining Agreements and Compliance: The new law does not change existing collective bargaining agreements (CBAs) if they already provide employees the same level of access to personnel records as the statute requires. Employers with unionized workforces should review their CBAs against the new statutory floor.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Adam M. Tomiak discusses what the New York personnel file access law means for employers.

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