The New York Personnel Records Law Takes Effect November 8. Here's How It Compares With Pennsylvania.
Picture a company headquartered in Montgomery County with a sales office in Manhattan. On a Monday morning, a salesperson who left six months ago emails HR: "Please send me a copy of my personnel file."
Until now, that email would have gotten a polite reply and maybe a few pages. Starting November 8, 2026, when the New York personnel records law takes effect, that email starts a clock if the former employee worked for the company in New York. The company has five business days to send the record, and it can't charge for it.
Now suppose the same request comes from a former employee who worked out of the Plymouth Meeting office. Pennsylvania's answer is very different, and the statute behind it dates to 1978 and hasn't been amended since 1990.
This article is for owners, HR leaders, and in-house counsel at companies with employees in New York, Pennsylvania, or both.
What does the New York personnel records law require?
Short answer: New York Labor Law Section 210-b requires employers, regardless of size, to give a current or former employee a free copy of their personnel record within five business days of a written request. Employers must also notify employees within ten days when negative information goes into the file, keep the complete record until three years after the employee leaves, and refrain from retaliating against anyone who uses the law. The Attorney General enforces it, with fines of $500 to $2,500 per violation.
Where Did the New York Personnel Records Law Come From?
The law is Senate Bill S3460. It passed the Senate on April 22, 2026, and the Assembly on May 19, 2026, and Governor Hochul signed it on September 9, 2026, as Chapter 293 of the Laws of 2026. It adds a new Section 210-b to the Labor Law and takes effect on the sixtieth day after it became law. That's Sunday, November 8, 2026.
The Governor signed with an approval memorandum. As quoted in Gibson Dunn's alert, she reached an agreement with the Legislature to amend the law in the session that starts in January 2027, and Morgan Lewis's summary describes the same planned changes. The planned changes would clarify "that employers are not required to create a personnel file or produce new documents beyond the records they currently maintain," and that personnel files include only records used to decide hiring, retention, promotion, transfer, additional compensation, or discipline.
Here's the catch. Those amendments don't exist yet. Until the Legislature passes them, the statute applies as written, and as written it's broader than the Governor's description.
For what it's worth, the law is modeled on a Massachusetts personnel records statute, according to Morgan Lewis, so New York employers with Massachusetts operations may find the structure familiar.
What Does NY Labor Law Section 210-b Require?
Who's covered. "Employer" is defined broadly: any individual, corporation, partnership, labor organization, unincorporated association, or other business, plus public employers and "agents of such employer." There's no headcount threshold. A five-person shop is covered the same as a bank. "Employee" means a person "currently employed or formerly employed," and the statute doesn't put a time limit on how far back a former employee can reach.
What counts as a personnel record. It's a record that identifies the employee and is used, has been used, or "may affect or be used relative to" the employee's qualifications for employment, promotion, transfer, additional compensation, or discipline. The statute then lists items that must be included to the extent the employer prepared them: name, address, date of birth, job title and description, pay and other compensation, start date, job application, resumes submitted in response to an ad, performance evaluations, written warnings, lists of probationary periods, waivers the employee signed, dated termination notices, and other disciplinary documents.
Two details are easy to miss. First, records held by a vendor under contract to keep or supply personnel records count too, so your payroll company or HR platform may be part of the file. Second, the record excludes personal information about someone else if disclosure would be a "clearly unwarranted invasion" of that person's privacy. That's the hook for redacting, say, a coworker's medical details in an investigation memo. Morgan Lewis has pointed out that, on its face, the carve-out could reach certain investigation materials containing other people's statements. How far it goes is untested.
The copy, in five business days, free. Once an employee submits a written request, the employer must provide a copy of the personnel record "at no cost to the employee, within five business days of submission." A request submitted on a Monday is generally due the following Monday, assuming no holiday falls in between. The clock runs from submission, not from when HR happens to open the email.
The twice-a-year limit. An employer doesn't have to allow review "on more than two separate occasions in a calendar year." A review triggered by a negative-information notice doesn't count toward the two. The statute uses "review" in this sentence and "copy" in the sentence before it, and it doesn't say whether the limit also caps copy requests. I'd treat that as open until the amendments or guidance come out.
Ten-day notice of negative information. This is the provision most likely to change daily HR practice. An employer must notify the employee within ten days after placing anything in the record that "is, has been used or may be used, to negatively affect" the employee's qualification for employment, promotion, transfer, additional compensation, or the possibility of discipline. The statute doesn't define "negatively affect" and doesn't say what form the notice takes. It also doesn't say whether the ten days are business or calendar days, but New York's General Construction Law treats a number of days specified as a period as calendar days, and moves a deadline that falls on a Saturday, Sunday, or public holiday to the next business day. Plan on calendar days. The contrast with "five business days" one sentence later in the statute points the same way.
Think about what that could sweep in. A written warning, obviously. But also a lukewarm performance review, a manager's email to HR flagging attendance problems if it's kept in the file, or a note that someone was passed over for a promotion.
Disputes and false information. If the employee disagrees with something in the file, the parties can agree to remove or correct it. If they don't agree, the employee can submit a written statement that becomes part of the record and must go along with the disputed information whenever it's sent to a third party, as long as the original information stays in the file. If the employer placed information it "knew or should have known to be false," the employee may seek expungement through a collective bargaining agreement, other personnel procedures, or "judicial process."
Retention. The employer must keep the complete record, "without deletions or expungement," from the date of hire until three years after employment ends. The statute also says a personnel record shall be maintained in typewritten or printed form, or handwritten in indelible ink. It doesn't address electronic-only HR systems, which is where most records live now.
Written personnel policies. If you have a written personnel policy on terms and conditions of employment, it must be "continuously maintained" at the office where personnel matters are administered.
Union workplaces. A collective bargaining agreement controls only if it gives employees at least substantially similar access to their records.
Retaliation. No employer may discharge, threaten, penalize, or otherwise retaliate against an employee for using these rights. The statute expressly includes contacting or threatening to contact immigration authorities, or reporting or threatening to report the suspected citizenship or immigration status of the employee or a family or household member.
Enforcement. Any violation "by an employer or any other person" carries a fine of not less than $500 and not more than $2,500, and the Attorney General enforces the section. The statute doesn't expressly create a private lawsuit for the access, notice, or retention rules, although the false-information provision does point employees to "judicial process."
How Does Pennsylvania's Personnel File Law Compare?
Pennsylvania has had a personnel file law for decades: the Inspection of Employment Records Law, Act of November 26, 1978, P.L. 1212, No. 286, 43 P.S. Section 1321 and following. Courts and practitioners often call it the Personnel Files Act. It was last amended in 1990. It's an inspection law, not a copy law, and the differences are significant.
Who can ask. In Pennsylvania, "employee" means a person currently employed, laid off with reemployment rights, or on leave of absence. The definition expressly excludes applicants "or any other person." The Pennsylvania Supreme Court has taken that literally. In Thomas Jefferson University Hospitals, Inc. v. Pennsylvania Department of Labor and Industry, 162 A.3d 384 (Pa. 2017), an employee asked to see her file about a week after she was fired. The Court held that former employees who weren't laid off with reemployment rights and aren't on leave have no right of access under the statute, "regardless of how quickly following termination they request to do so." New York goes the other way: former employees are squarely covered.
What's in the file. Pennsylvania's "personnel file," if the employer keeps these things, includes the application, wage and salary information, commendations, warnings and discipline, pay deduction authorizations, benefits information, leave records, employment history, attendance records, and performance evaluations. It excludes records about investigation of a possible criminal offense, letters of reference, documents being prepared for civil, criminal, or grievance proceedings, medical records, materials the employer uses to plan future operations, and information available to the employee under the Fair Credit Reporting Act. New York's statute has no comparable list of exclusions beyond the third-party privacy carve-out.
How it works. The employer must allow inspection at reasonable times, during regular business hours, at the office where the records are usually kept. The employer may require the inspection to happen on the employee's own time, may require a written request, and may have one of its own people present. The employee's request must state either the purpose of the inspection or the parts of the file the employee wants to see. An employee may also designate an agent to inspect the file with a signed authorization.
Copies. The statute says nothing requires the employer to let the employee remove the file or a copy of it from the premises. The employee may take notes. That's the single biggest gap between the two states: New York requires a free copy in five business days, while Pennsylvania only requires a chance to look.
Frequency. Except for reasonable cause, a Pennsylvania employer may limit inspection to once per calendar year for the employee and once per calendar year for the employee's agent. New York's limit is two reviews per calendar year, plus any review triggered by a negative notice.
No notice, no retention rule. Pennsylvania's statute has no duty to tell employees when negative information goes in the file and no retention period of its own. (Other recordkeeping laws may still apply.)
Enforcement. The statute assigns enforcement to the Department of Labor and Industry's Bureau of Labor Standards, and the Department now handles these matters through its Bureau of Labor Law Compliance. On a petition and hearing by either the employer or the employee, the Bureau can issue orders giving access to records and letting an employee place a counter statement in the file. That's how the Thomas Jefferson case started: the former employee filed a complaint with the Department, and the dispute worked its way up to the Supreme Court.
The Bureau's power stops there. The statute says it has no authority to inspect files, investigate alleged errors, or attempt remedial action unless the records show violations of other Pennsylvania statutes, and that the employee "must avail himself of appropriate civil remedies such as grievance procedure under a union contract." The statute doesn't set a fine, and it doesn't create a private right to sue on its face. The Commonwealth Court has also held that an employee who skipped the Bureau process couldn't go straight to court for an order compelling access. In Sewell v. Solomon, 77 Pa. Cmwlth. 199, 465 A.2d 130 (1983), a Philadelphia police officer sought mandamus to get evaluation documents he said belonged in his file. The court affirmed dismissal because he never pursued the remedy before the Department.
New York vs. Pennsylvania Personnel File Rules, Side by Side
Who can request: NY covers current and former employees. PA covers current employees, those laid off with reemployment rights, and those on leave. Applicants are excluded by the statute's definition, and the Pennsylvania Supreme Court confirmed in 2017 that former employees are out too.
What they get: NY requires a free copy within five business days of a written request. PA requires inspection at the office where the records are kept, with notes allowed, and doesn't require the employer to let the employee take a copy off the premises.
How often: NY allows the employer to limit reviews to two per calendar year, not counting a review after a negative-information notice. PA allows a limit of once per calendar year for the employee and once per calendar year for the employee's designated agent, except for reasonable cause.
Negative information: NY requires notice within ten days. PA has no notice rule.
Retention: NY requires keeping the full record until three years after separation. PA's statute has no retention rule.
Disputes: NY lets the employee add a written statement, which must travel with the disputed item. PA lets the Bureau, after a petition and hearing, issue an order giving the employee the opportunity to place a counter statement in the file.
Enforcement: NY has Attorney General enforcement and fines of $500 to $2,500 per violation. PA has Bureau orders after a petition and hearing (the statute names the Bureau of Labor Standards; the Department now uses its Bureau of Labor Law Compliance), no stated fine, and no express private right to sue.
Retaliation: NY prohibits it expressly, including immigration-related threats. PA's statute has no anti-retaliation section of its own.
What Should Multistate Employers Do Before November 8?
The law takes effect Sunday. For a company with people in both states, I'd focus on these steps:
Find the file. Most companies don't have one personnel file. They have an HRIS, a payroll vendor, a benefits platform, a manager's email folder, and a drawer. Decide what your "personnel record" is for each New York employee and where every piece lives, including what your vendors hold.
Name one person to receive requests, and set a five-business-day calendar for every written request. Train managers to forward anything that looks like a request (an email saying "send me my file" counts) the same day.
Build the negative-notice step into the process. Before a warning, a below-expectations review, or a disciplinary memo goes in a New York employee's file, someone should send the notice. A short standard form works.
Retire the old request form for New York staff. A common template inspection request form promises access "at a reasonable and mutually convenient time as determined by the Company" and warns that confidential items like reference letters are off limits. That language may suit an inspection statute like Pennsylvania's. It doesn't fit a law that requires a free copy in five business days and has no express reference-letter exclusion.
Stop routine purges. If your retention schedule deletes records of New York employees before three years after separation, suspend it for those files.
Prepare a redaction protocol for third-party privacy, such as coworker names in investigation files, so you're not deciding it under a five-day deadline. If AI tools help build those files, my post on AI in workplace investigations covers what to settle before software touches the evidence.
Don't apply New York's rules to Pennsylvania employees by accident, or the reverse. A uniform policy can be simpler, but giving Pennsylvania former employees copies is a business choice, not a legal requirement under the inspection statute. Make that call deliberately.
Remind managers about retaliation. A threat or other retaliation against someone who asked for their file can turn a paperwork request into a fine.
Watch Albany in January 2027. The promised amendments could narrow what counts as a personnel record. Build for the law as written now, and adjust later.
One open question for remote and hybrid workers: the statute doesn't say how it applies to someone who works for a New York employer from another state, or for an out-of-state employer from New York. Those cases need a closer look.
I covered how documentation choices play out in a termination in How to Document Employee Misconduct Before Termination. Under the New York law, those same documents may now land in the employee's hands within a week.
The Practical Takeaway
New York's law isn't complicated, but it's unforgiving on timing. Five business days goes fast when the file is spread across three systems and a vendor. Pennsylvania's law asks much less, which is exactly why companies that operate in both states are likely to get this wrong in one direction or the other.
For companies without a full-time in-house legal department, an experienced Fractional General Counsel/Outside General Counsel can help map where personnel records live, draft the request and notice procedures, and line up employment and workplace policies across New York and Pennsylvania, including how investigation files are kept. To discuss your company's situation, you can contact Todd.
Frequently Asked Questions
When does the New York personnel records law take effect?
New York's personnel records law, Labor Law Section 210-b, takes effect Sunday, November 8, 2026. Governor Hochul signed Senate Bill S3460 on September 9, 2026, as Chapter 293 of the Laws of 2026, and the bill takes effect on the sixtieth day after it became law.
Does the New York personnel records law apply to small employers?
Yes. Section 210-b has no minimum number of employees, so a five-person shop is covered the same as a bank. The definition of "employer" is broad and includes public employers and "agents of such employer." It protects both current and former employees, with no stated time limit for former employees.
Can a former employee request their personnel file in New York or Pennsylvania?
In New York, yes. "Employee" includes anyone currently or formerly employed. In Pennsylvania, no. The inspection statute covers only current employees, those laid off with reemployment rights, and those on leave, and the Pennsylvania Supreme Court held in 2017 that a recently fired employee has no right of access.
Does a New York employer have to give an employee a copy of their personnel file?
Yes. Once an employee submits a written request, the employer must provide a copy of the personnel record "at no cost to the employee, within five business days of submission." The employer can limit reviews to two per calendar year, but the statute doesn't say whether that limit also caps copy requests.
Does Pennsylvania's personnel file law require employers to give copies?
No. The Inspection of Employment Records Law requires access for inspection, allows note-taking, and says the employer doesn't have to let the employee remove the file or a copy from the premises. Except for reasonable cause, the employer may limit inspection to once per calendar year by the employee and once per calendar year by the employee's designated agent.
Can a Pennsylvania employee sue over a denied file request?
The statute doesn't create a private right to sue on its face and sets no fine. The remedy it provides is a petition to the Department of Labor and Industry, which can order access and allow a counter statement, and the Commonwealth Court has held that an employee who skipped that process couldn't go straight to court for mandamus.
Will the New York personnel records law change in 2027?
Probably. According to law firm summaries of the Governor's approval memorandum, she reached an agreement with the Legislature to amend the law in the 2027 session, including clarifying that employers don't have to create new documents. Until amendments pass, the law applies as written.
About Todd B. Nurick
Todd B. Nurick is a business attorney based in Plymouth Meeting (Montgomery County), Pennsylvania, admitted in Pennsylvania since 1996 and New York since 2010, with nearly 30 years of experience advising businesses on contracts, transactions, corporate governance, investigations, compliance, technology, employment-related business issues, and risk management. He is a decorated retired Army officer. Through the Law Office of Todd B. Nurick, he serves businesses as Fractional and Outside General Counsel, providing experienced legal oversight without requiring a full-time in-house legal department. Law Office of Todd B. Nurick is a fictitious name (DBA) of Nurick Law Group, LLC. Learn more at ToddNurickLaw.com and ToddNurick.com.
Sources
New York State Legislature, Senate Bill S3460 (2025-2026 Regular Sessions), text and bill history, signed September 9, 2026, as Chapter 293 of the Laws of 2026 (Approval Memo No. 3), adding Labor Law Section 210-b. New York State Assembly source
Governor Kathy Hochul, Approval Memorandum No. 3, Chapter 293 of 2026, filed with Senate Bill S3460. The memorandum itself was not available on the Legislature's public bill page; the language quoted in this article is taken from the Gibson Dunn alert below, and is consistent with the Morgan Lewis summary.
Gibson Dunn, "New York Enacts Employee Personnel Records Access Law, Effective November 8, 2026," Client Alert, October 1, 2026. Gibson Dunn source
Morgan, Lewis & Bockius LLP, "New York Enacts New Personnel Records Access Requirements" (current as of Oct. 7, 2026), Lexis+ Practical Guidance.
Seyfarth Shaw LLP, "New York Governor Signs Employee Personnel Records Access Law" (current as of Sept. 16, 2026), Lexis+ Practical Guidance. Seyfarth source
Pennsylvania General Assembly, Inspection of Employment Records Law, Act of Nov. 26, 1978, P.L. 1212, No. 286, as amended by Act of Nov. 29, 1990, P.L. 596, No. 149, 43 P.S. Section 1321 et seq. Pennsylvania General Assembly source
Supreme Court of Pennsylvania, Thomas Jefferson University Hospitals, Inc. v. Pennsylvania Department of Labor and Industry, 162 A.3d 384 (Pa. 2017). Pennsylvania courts source
Commonwealth Court of Pennsylvania, Sewell v. Solomon, 77 Pa. Cmwlth. 199, 465 A.2d 130 (1983). Opinion text
New York General Construction Law Sections 20 and 25-a. Section 20 Section 25-a
Lexis+ Practical Guidance, Personnel File Access for Employees (PA) and Personnel File Access for Employees State Law Survey.
This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Personnel records, employee access, recordkeeping, retaliation, and multistate employment issues are highly fact-specific, and businesses should obtain legal advice concerning their particular circumstances.
