October 2026 | New York Employment Law | CNY HR Now
New York employers need to prepare for a significant change in employee personnel record requirements. On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460 (A2107), establishing new rights for current and former employees to access, review, and challenge information maintained in their personnel files.
The law takes effect November 8, 2026, and will require employers to review their existing recordkeeping practices, establish procedures for responding to employee requests, and address new notification obligations.
For small and midsize businesses without dedicated HR departments, preparing now can help avoid missed deadlines and unnecessary compliance risks.
What Does New York’s New Personnel Records Law Require?
The new law adds Section 210-b to the New York Labor Law. It establishes personnel record access rights for current and former employees and outlines employer responsibilities for maintaining and disclosing records.
Here are the key requirements employers should understand.
1. Employees Can Request Copies of Their Personnel Records
Employees will generally be permitted to access their personnel records up to twice per calendar year. Employers must provide a copy of the requested records within five business days of receiving a written request, at no cost to the employee.
The law also covers former employees, making it important for employers to maintain an organized process for handling requests after employment ends.
Personnel records may include information used to evaluate an employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. The statute identifies examples such as:
- Job applications and employment-related documents
- Job titles, descriptions, and compensation information
- Performance evaluations
- Written warnings and disciplinary records
- Records of probationary periods
- Termination notices
The precise scope of covered records may require further clarification as the law is implemented.
2. Employers Must Notify Employees About Certain Negative Information
Employers must notify employees within 10 days of placing certain negative information in their personnel records when that information has been, is being, or may be used to negatively affect employment qualifications, promotion, transfer, additional compensation, or potential disciplinary action.
This requirement may have a meaningful impact on how managers document performance concerns and how HR handles written warnings, evaluations, and other employment-related records.
Employers should develop a consistent process for identifying covered information, notifying the employee within the required timeframe, and documenting that the notice was provided.
Simply maintaining a disciplinary document in an employee’s file may no longer be enough. Employers will need to consider whether the document triggers a notification obligation.
3. Employees Can Dispute Information in Their Files
The law provides a process for employees who disagree with information contained in their personnel records.
The employer and employee may mutually agree to correct or remove disputed information. If they cannot reach an agreement, the employee may submit a written statement explaining their position. That statement must become part of the personnel record and accompany the disputed information when it is transmitted to a third party, provided the original information remains in the file.
The law also provides a potential avenue for employees to seek removal of information that the employer knew or should have known was false.
For employers, this makes accurate, objective, and well-supported documentation especially important. Managers should focus on observable conduct, specific performance concerns, relevant dates, and documented facts rather than speculation or personal opinions.
4. Personnel Records Must Be Retained for Three Years After Termination
Employers must retain the complete personnel record required under the law from the employee’s start date through three years after the employment relationship ends.
The statute generally prohibits deleting or expunging information from the required personnel record during that period, subject to the law’s provisions allowing certain mutually agreed removals.
Employers should review their document retention practices to ensure personnel records are preserved for the required period. This includes considering records maintained electronically, through HRIS platforms, or by third-party providers.
5. Employers Must Avoid Retaliation
The law prohibits employers from discharging, threatening, penalizing, discriminating against, or otherwise retaliating against employees for exercising their rights under the statute.
Managers should understand that an employee’s request to review their personnel file—or their decision to challenge information in it—must not result in adverse treatment.
HR should ensure that personnel record requests and disputes are handled consistently and that managers do not treat employees differently for exercising these rights.
6. Violations Can Result in Financial Penalties
The law authorizes the New York Attorney General to enforce its provisions. Violations may result in fines ranging from $500 to $2,500.
Employers should not wait until they receive their first employee request to determine how the organization will respond.
What Should New York Employers Do Before November 8?
With the effective date approaching, employers should begin preparing now.
1. Audit existing personnel records.
Identify where employee records are stored, which documents are maintained, who has access, and whether records are held in multiple systems or by outside providers.
2. Create a written request procedure.
Establish a central process for receiving, documenting, and responding to written personnel record requests. Assign responsibility for tracking the five-business-day deadline and confirming that the response is complete.
3. Develop a negative-information notification process.
Determine how HR will identify information that triggers the 10-day notice requirement. Create a consistent method for notifying employees and retaining proof of delivery.
4. Train managers on documentation.
Remind managers to keep performance evaluations, disciplinary records, and other employment documentation factual, professional, and job-related. Explain that certain records may be accessible to employees and that covered negative information may trigger notification obligations.
5. Review retention and recordkeeping practices.
Confirm that required personnel records can be retained and retrieved throughout employment and for at least three years after termination. Review document deletion practices and the role of HRIS and other third-party systems.
6. Update HR procedures and policies.
Determine whether your employee handbook, personnel policies, recordkeeping procedures, and internal HR guidance need revision. Make sure the individuals responsible for handling employee requests understand their roles.
7. Review collective bargaining agreements.
The statute contains an exception for collective bargaining agreements that provide employees with at least substantially similar access to their personnel records. Employers with unionized workforces should review their agreements with qualified labor counsel to determine how the law applies.
A Note on Legislative Clarification
When signing the bill, Governor Hochul called for a chapter amendment to clarify that employers are not required to create new documents or personnel files beyond the records they currently maintain, and to clarify which records fall within the law’s scope.
Employers should monitor subsequent legislative developments and review the final statutory requirements rather than assuming every implementation question has been resolved.
The Bottom Line
New York’s new personnel records law will require employers to take a more structured approach to employee record access, notification, documentation, and retention.
For small businesses, the most important steps are to establish a reliable request process, assign responsibility for deadlines, review recordkeeping practices, and train managers on appropriate documentation.
Need help preparing your HR practices for changing New York employment laws?
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Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Employers should consult qualified legal counsel regarding their obligations under the new law and any subsequent amendments.
Source: New York State Senate, S3460 (2025–2026), signed September 9, 2026, Chapter 293. Review the legislation here.