New York has enacted Senate Bill S3460, adding new Labor Law § 210-b and creating broad employee rights to access personnel records. The law requires employers to provide employees with access to personnel records, notify employees when certain negative information is added to those records, permit employees to submit rebuttal statements, and maintain personnel records for specified periods. The law takes effect November 8, 2026.
Background
The legislation was modeled in part on Massachusetts’ personnel records law and was enacted to provide employees with greater transparency regarding information maintained in their personnel files. According to the sponsor’s memorandum, the law is intended to ensure employees have a fair opportunity to understand what information is being maintained about them and how that information may affect future employment opportunities, compensation, promotions, transfers, or disciplinary action.
Broad Definition of Personnel Record
The law broadly defines a “personnel record” as a record maintained by an employer that is used, has been used, or may be used regarding an employee’s qualifications for employment, promotion, transfer, compensation, or disciplinary action.
Personnel records include, among other things:
- Job applications;
- Resumes and employment inquiries;
- Job titles and descriptions;
- Pay and compensation information;
- Performance evaluations;
- Written warnings;
- Probation records;
- Signed waivers;
- Termination notices; and
- Documents relating to disciplinary action.
Employees Gain New Access Rights
Beginning November 8, 2026, employers must provide employees with a copy of their personnel records within five business days of receiving a written request. Employers must provide the records at no cost to the employee.
Employees may review their personnel records on up to two occasions per calendar year. However, reviews triggered by the addition of negative information do not count toward that annual limit.
Importantly, the law applies to both current and former employees.
New Requirement to Notify Employees of Negative Information
The law requires employers to notify employees within 10 days whenever information is placed in a personnel record if the information:
- Is used, has been used, or may be used to negatively affect employment;
- May affect promotion opportunities;
- May affect transfers;
- May affect compensation; or
- May result in disciplinary action.
This requirement could apply to a wide variety of disciplinary records, written warnings, performance evaluations, and other employment-related documentation.
Employees May Submit Rebuttal Statements
If an employee disagrees with information contained in a personnel record, the employee may submit a written statement explaining their position. Employers must maintain the statement as part of the personnel record.
The employee’s statement must accompany the disputed information whenever the information is transmitted to a third party while the original information remains in the file.
The law also permits employees to seek removal of information that the employer knew or should have known was false through available contractual, personnel, or judicial procedures.
New Record Retention Requirements
Employers must maintain complete personnel records without deletions or expungement from the beginning of employment through three years after the employee’s termination of employment.
As a result, employers may need to review existing document-retention practices to ensure personnel files remain available during the required retention period.
Enforcement and Penalties
The law is enforceable by the New York Attorney General. Violations may result in fines ranging from $500 to $2,500.
The law also prohibits employers from discharging, threatening, penalizing, discriminating against, or otherwise retaliating against employees who exercise rights under the statute.
Notably, the anti-retaliation provision specifically provides that retaliation includes threatening to contact or contacting immigration authorities regarding an employee, or the employee’s family or household members, based on suspected citizenship or immigration status.
Collective Bargaining Agreements
The law does not supersede a collective bargaining agreement if the agreement provides employees with personnel-record access rights that are at least substantially similar to those provided by the statute.
Employers Impacted
The law applies broadly to:
- Private-sector employers;
- Public-sector employers;
- Government entities;
- Labor organizations; and
- Other business entities employing workers in New York.
Employer Takeaway
Before November 8, 2026, New York employers should review personnel file practices and implement procedures to:
- Respond to personnel-record requests within five business days;
- Provide employees with required notices regarding negative information;
- Maintain personnel records for three years after employment ends;
- Process and retain employee rebuttal statements; and
- Train HR and management personnel on the law’s anti-retaliation requirements.
Because the law creates broad access rights and detailed recordkeeping obligations, employers should assess existing personnel-record management systems and make any necessary updates before the effective date.