New York personnel records must now be produced on a short clock. Labor Law § 210-b takes effect today, November 8, 2026, requiring a free copy within five business days of a written request and notice within 10 days when negative information is added. Small and multi-state HR and payroll teams need scattered files ready before the first written request.
Updated November 8, 2026
Key Takeaways
- Section 210-b takes effect November 8, 2026, with no employee-count threshold.
- A free personnel-record copy is due within five business days of a written request.
- Negative-information notice is due within 10 days; retain files three years after separation.
- Fines are $500 to $2,500 per violation, and the Attorney General enforces the law.
Who is covered by the New York personnel records law?
There is no employee-count threshold. Gibson Dunn’s client alert states that Section 210-b covers all public and private employers in New York and both current and former employees. Holland & Knight’s analysis adds that covered employers include agents.
Third-party files count. Holland & Knight notes that records a payroll or HR vendor holds under contract are personnel records. In our view, that vendor-held New York file remains the employer’s duty, including a file inside a shared embedded payroll system. VertiSource HR’s compliance summary notes the law does not override a collective bargaining agreement with at least substantially similar access.
Which clocks start today?
Two clocks are live as of today, and they are not the same kind of day. A written request starts a five-business-day duty to give a complete copy at no cost. A negative entry starts a separate notice clock.
| Duty | Clock or limit | What sources report |
|---|---|---|
| Copy of the record | 5 business days | Free after a written request |
| Negative-information notice | 10 days | Calendar days, per Gibson Dunn |
| Routine requests | 2 per calendar year | Notice-triggered review excluded |
| Post-separation retention | 3 years | No deletion or expungement |
| Penalty | $500 to $2,500 | Per violation; AG enforces |
Gibson Dunn describes the notice as ten calendar days. VertiSource HR notes the text does not say business days and treats a calendar count as safer. Negative information is undefined, and no notice form is required. Routine access may be capped at two requests a calendar year, excluding a review after a negative-information notice.
What counts as a personnel record?
A personnel record identifies an employee to the extent it is used, has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. Listed items include identity and job data, pay, start date, applications, resumes, evaluations, warnings, probation lists, waivers, and termination notices.
Another person’s information is excluded only when disclosure would be a clearly unwarranted invasion of privacy. Holland & Knight cautions that other laws may require medical or accommodation information to be kept separate. Gibson Dunn notes records must be typewritten or printed, or handwritten in indelible ink, and that electronic-only storage is not expressly addressed.
What should HR and payroll fix before the first written request?
The five-day clock is the gap to close first. Holland & Knight calls it the most immediate operational challenge for employers without a centralized file.
- Locate every New York record, including payroll and HR vendor copies, and test a five-business-day pull.
- Notify within 10 days of a negative entry; VertiSource recommends a logged written notice, which the statute does not require.
- If no agreement is reached, file the employee’s written statement with the disputed item and include it in any third-party transmission.
- Retain the complete record from hire through three years after separation, except an agreed correction or removal.
- Tell managers retaliation is banned, including immigration threats against an employee or a family or household member.
Gov. Kathy Hochul signed Senate Bill S3460 on September 9, 2026. Gibson Dunn reports an agreement to clarify, in the January 2027 session, that employers need not create a personnel file or produce documents beyond those they already maintain. As Gibson Dunn describes the memorandum, personnel files would include only records used to determine an employee’s qualifications for hiring, retention, promotion, transfer, additional compensation, or disciplinary action.
VertiSource HR’s October 7, 2026 review found no amendment passed. Our analysis: do not treat that expected chapter amendment as today’s rule. Run access, notice, retention, and anti-retaliation as signed. Penalties are $500 to $2,500 per violation, enforced by the Attorney General, with no private right of action.
Frequently asked questions
Does the New York personnel file law apply to small employers?
Yes. Section 210-b sets no employee-count threshold and covers public and private employers in New York, including current and former employees.
Is the 10-day negative-information notice in business days?
Gibson Dunn describes it as ten calendar days. VertiSource HR notes the statute does not say business days and treats a calendar count as safer.
If a payroll vendor holds the file, who must produce it?
The employer. Records a third party holds under contract to keep or supply personnel records are covered, including payroll and HR vendors.
Can an employee sue over a late personnel-file copy?
The published analyses report fines of $500 to $2,500 per violation, enforced by the New York Attorney General, and no private right of action.
