Your Employer’s File on You Is No Longer Secret: New York Workers Can Now Demand Their Personnel Records

As of November 8, 2026, a new state law gives every New York worker the right to see what their employer has been keeping on them.

Under the law, all New York employers must provide employees with a copy of their personnel file upon request, up to twice a year. Employers must also notify workers within 10 days when certain documents are added to their file, and employees now have the right to respond to negative information or anything that could lead to discipline. Employers must keep these records for as long as you’re employed, plus three years after you leave.

Until now, New York treated your personnel file as your employer’s property, with no obligation to let you see it, even as states like Massachusetts, California, and Illinois have guaranteed that access for years. That changed with the Access to Personnel Records Act (S3460/A2107), championed by State Senator Andrew Gounardes and backed by labor groups including New York State United Teachers. The bill passed both houses of the legislature, but Governor Hochul raised concerns about unclear language, leading to weeks of negotiations before she signed it on September 9, 2026, at the Annual Labor Appreciation Reception at the CUNY School of Labor and Urban Studies. With her signature, New York became the 20th state to give workers a legal right to their personnel records.

For injured workers, your personnel file can tell an important story. It may contain incident reports, performance reviews, disciplinary write-ups, or notes made before or after your injury. Knowing what’s in that file, and having the chance to respond to anything inaccurate, can help you protect yourself if your employer later questions your claim, your work history, or your ability to return to work. And because records must be kept for three years after employment ends, former employees can benefit too.

The law is still a work in progress. Governor Hochul and the legislature have agreed to revisit it next session to clarify parts that remain unclear, so expect updates in 2027.

If you’ve been injured on the job, need assistance with Social Security Disability, or have any questions about your NY pension, visit NYCOMPLAW.COM or call 866-557-7500 for a free consultation. 

Written by Brian Molina

Paralegal & Marketing Coordinator

NYCOMPLAW

Office of the Governor of New York. “Governor Hochul Signs Legislation to Improve Safety and Prosperity for Workers in New York State.” September 9, 2026. 

Popper, Nancy Gunzenhauser, and Katherine Heaney. “Governor Hochul Re-Elected: How New York Employers Should Prepare as 2026 Ends.” Epstein Becker Green, Workforce Bulletin, November 6, 2026. 

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