New York is shaking things up with its new personnel records law, and even if your business is in Georgia, you need to pay attention. These changes, kicking in January 1, 2026, will absolutely influence how employment laws are interpreted across the country, creating new traps for employers who aren’t prepared.
Key Takeaways
- NY’s revised Labor Law Section 201-c will force employers to provide current and former staff their *entire* personnel file within five business days of a written request.
- The definition of “personnel records” in New York is now huge, covering performance reviews, discipline write-ups, attendance sheets, and basically any document that went into an employment decision.
- While Georgia’s own law (O.C.G.A. Section 10-1-91) is much looser, any Georgia company with remote employees in New York must follow the strict New York rules for those workers.
- Georgia employers should start reviewing their record-keeping now and think about adopting more transparent policies for everyone, just to stay ahead of the curve and reduce the risk of future lawsuits.
New York’s Expanded Personnel Records Access: What Changed
Starting January 1, 2026, New York’s Labor Law Section 201-c is no longer the vague suggestion it once was. Now, employers have a crystal-clear mandate: when a current or former employee makes a written request, you have to give them access to their complete personnel file. The old law left a lot of wiggle room for arguing over what was “accessible,” but that’s gone. The new statute explicitly defines “personnel records” to include everything from performance evaluations and disciplinary actions to attendance logs, promotion notices, and any other piece of paper used to make a decision about that employee. This closes a ton of loopholes employers used to rely on.
You get five business days to cough up the records. That’s it. And former employees can make this request for up to a year after they’ve left. This gives a huge advantage to ex-employees who are considering a wrongful termination claim, because it gives them a direct pipeline to the evidence they might need to build their case. The legislature clearly intended to arm employees with information, even specifying that employers can’t charge for the first request (though you can for later ones within the same year).
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Who is Affected by the New York Law?
This law hits any employer with people working in New York State, and it doesn’t matter if your headquarters is in another state. If you have an office in New York City or a shop in Buffalo, you’re covered. But here’s the part that trips up so many Georgia businesses: it also applies to your remote employees who live and work in New York, even if your main office is in Atlanta. This is the detail you can’t afford to miss.
Think about it. Your company is based in downtown Atlanta, but you hired a great marketing specialist who works from her apartment in Brooklyn. That employee is protected by New York’s personnel file law. You absolutely must be able to meet that five-business-day deadline and provide the broadly defined set of documents for her, even while your Georgia-based staff don’t have those same rights under Georgia law. Getting this wrong can lead to fines and a lawsuit from that employee. State laws are increasingly reaching across borders to cover remote workers, and you have to assume the strictest applicable law is the one you need to follow.
Georgia Employer Law: A Comparative Look
Georgia’s stance on personnel records is pretty much the polar opposite of New York’s new standard. Under our state law, O.C.G.A. Section 10-1-91, there’s no general right for a private-sector employee to see their own personnel file. Unless your company has a specific policy or it’s part of a union contract, an employer in Georgia can legally say “no” to a request for access. This huge difference is exactly where a multi-state employer can get into big trouble, applying a Georgia-based policy to a New York-based employee.
Now, Georgia isn’t a total black box. Employees might get to see certain documents related to a workers’ compensation claim, which is handled by the State Board of Workers’ Compensation. Federal laws like the FLSA also require you to keep records like payroll data, but they don’t grant employees the right to review them on demand. Because Georgia law is silent, it’s entirely on the employer to create a clear internal policy. You can choose to be transparent or you can keep the files locked down (for your Georgia employees, at least), but whatever you decide, you’d better apply that policy consistently to avoid a discrimination claim.
Concrete Steps for Georgia Employers
So, what should you actually do? With states like New York pushing for more transparency, just hoping these trends don’t affect you is a bad strategy.
- Identify All New York Employees: First thing’s first: make a definitive list of every single employee who is based in New York, whether they’re in a company office or working from their couch. For these people, New York Labor Law Section 201-c is not optional, and you have to manage their records with that five-day deadline in mind.
- Review and Update Record-Keeping Systems: Take a hard look at your current systems. Are personnel files a mess of PDFs scattered across different hard drives, or worse, paper in a filing cabinet? You’re going to have a very bad time when a request comes in. It might be time to invest in a proper electronic human resources information system (HRIS) that lets you tag and pull all documents for one employee quickly. It’s a lifesaver with a remote workforce.
- Develop a Clear Personnel Records Policy: Even for your Georgia-only employees, it’s smart to have a written policy about who gets to see what and how they can ask. While Georgia doesn’t require it, being transparent can build trust and get ahead of problems. For your New York employees, this policy has to be a separate, explicit document that lines up perfectly with their state’s much stricter law.
- Train HR and Management: Your managers and HR team need to be trained on this yesterday. They’re the ones who will get the request or screw it up. This training has to cover the broad definition of a “personnel record,” the tight response timeline, and exactly what to do when a request lands. An error by an untrained manager is a legal liability for the whole company.
- Consult Legal Counsel: Seriously, talk to your employment lawyer. They can give you advice that’s specific to your business and where your people are located. A quick review of your employee handbook and record policies by a lawyer who knows Georgia labor law can save you from a massive legal bill later. They can help you sort out the rules if you have staff in Alpharetta, Macon, *and* a remote team in New York.
The push for more transparency in employment isn’t just happening in New York. It’s a nationwide trend. Employers in Georgia who get ahead of this will find it easier to attract good people and will spend a lot less time worrying about legal risks. The investment in getting compliant now is always smaller than the cost of defending a lawsuit.
Bottom line: New York’s updated personnel records law is a wake-up call for Georgia employers, especially those with remote or multi-state teams. You have to get your record-keeping practices in order. This isn’t just about good business hygiene anymore. It’s a necessary step to deal with the realities of modern employment law.
Does Georgia law require private employers to allow employees to inspect their personnel files?
No. In Georgia, O.C.G.A. Section 10-1-91 confirms there’s no general mandate for private employers to grant employees access to their personnel files. Access is only required if it’s part of a company policy or a collective bargaining agreement.
What types of documents are considered “personnel records” under New York’s expanded law?
Under New York’s revised law, the definition is extremely broad. It includes performance reviews, documents on disciplinary action, attendance records, promotion or demotion paperwork, and any other document that was used to make an employment decision about that person.
How quickly must an employer provide personnel records under the new New York law?
You must provide complete access to the personnel file within five business days of receiving a written request from a current or former employee.
If my company is based in Georgia but has a remote employee in New York, which state’s law applies to their personnel records?
New York’s stricter law applies to that employee. Employment laws generally follow the jurisdiction where the employee physically performs their work, not where the company is headquartered.
Can a Georgia employer charge a fee for providing personnel records to an employee?
In Georgia, since there’s no law requiring access, any fees would be determined by your company’s own policy. However, for a New York employee, you cannot charge a fee for the initial request, but you may charge a reasonable fee for any subsequent requests within a 12-month period.
