202610.21
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EMPLOYMENT LAW UPDATE: WHAT NEW YORK EMPLOYERS NEED TO KNOW ABOUT THE NEW PERSONAL FILE ACCESS LAW

in 2) Employment Law

New York employers are now obliged to provide both current and former employees with access to their personnel files. Based on recently passed legislation by the New York State Legislature titled the Employee Personnel Record Access Law (“EPSA”), employees will now have unprecedented access to their employment files.

Beginning November 8, 2026, employers will be required to provide the following for current and former employees:

  • A full and complete copy of their employment file within five business days of their request;
  • Notify an employee within ten days of placing information in the employee’s file that may negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action;
  • Permit an employee to review their personnel file on two separate occasions in a calendar year;
  • Refrain from retaliating against an employee for taking action to review their file;

Notably, the exact definition of a personnel file is vague. There is some discretion regarding what an employer may place in an employee’s file. However, it appears clear that if an employee receives a negative review or other information that reflects poorly on their employment, the employer is required to notify the employee within ten days. The employee may dispute the negative review, and the parties may mutually agree to revise it accordingly. If they cannot agree, the employee may place a statement in the file providing their version of events.

EPSA places a significant burden on employers. In many situations, employers prefer that employees not see their personnel files, let alone be notified of negative reviews, comments, or events. Employers will have to balance compliance with this new law against concerns about disclosing information they would prefer to keep confidential.

Civil penalties and fines range from $500 to $2,500, and the New York State Attorney General has enforcement authority. As with any new law, it remains to be seen how aggressively the Attorney General will investigate and pursue violations.