New York Employers Face New Personnel Records Access Requirements, by Keith J. Gutstein, Esq., 9-24-2026

Effective November 8, 2026, New York employers must comply with new requirements governing employee access to personnel records, notice of certain negative information placed in those records and personnel-record retention.

Governor Kathy Hochul signed S.3460 into law on September 9, 2026. The law adds Section 210-b to the New York Labor Law and applies broadly to private and public employers across the state.

Access to Personnel Records
Under the new law, current and former employees may submit a written request to access their personnel records. Upon receiving a written request, an employer must provide the employee, at no cost, with a copy of the personnel record within five business days.

The statute provides that an employer need not allow an employee to review the employee’s personnel record on more than two separate occasions per calendar year. A notification and review resulting from the placement of negative information in the record does not count toward that annual limit.

The law defines a “personnel record” broadly to include records maintained by an employer that identify an employee and are used, have been used, or may affect or be used in connection with the employee’s qualifications for employment, promotion, transfer, additional compensation or disciplinary action. Records maintained by certain third parties under contract with the employer to keep or supply personnel records also fall within the definition.

“Personnel records” include, but are not limited to, the employee’s job title and description, rate of pay and other compensation, starting date of employment, job application, resumes, performance evaluations, written warnings, probationary-period information, signed waivers, copies of dated termination notices and documents concerning disciplinary action.

The definition excludes personal information about another person when disclosure would constitute a clearly unwarranted invasion of that person’s privacy.

Notice of Negative Information
The law creates a separate notification requirement that may require employers to reconsider how they handle performance and disciplinary documentation.

The new law mandates that within 10 days after placing information in an employee’s personnel record, an employer must notify the employee if the information is, has been used or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation or the possibility of disciplinary action.

The new requirement is not limited to formal disciplinary notices. Depending on their content and potential use, other documents placed in a personnel record may trigger the 10-day notice requirement.

Employees May Dispute Information
The law also establishes a process for employees who disagree with information contained in their personnel records.

The employer and employee may agree to remove or correct disputed information. If they do not reach an agreement, the employee may submit a written statement explaining the employee’s position, which must become part of the personnel record. If the disputed information is later transmitted to a third party, the employee’s statement must accompany it for as long as the original information remains in the file.

If an employer places information in a personnel record that it knew or should have known was false, the employee may seek expungement through an applicable collective bargaining agreement, other personnel procedures or judicial process.

Record Retention and Additional Requirements
Employers must retain an employee’s complete personnel record, as required to be kept under the law, from the employee’s date of employment until three years after termination, without deletions or expungement except as otherwise permitted by the law. The law permits an employer and employee to mutually agree to remove information from a personnel record for any reason.

In addition, an employer that elects to maintain a written personnel policy regarding terms and conditions of employment must continuously maintain the policy, as amended, at the office where personnel matters are administered.

Any violation of Section 210-b is subject to a fine ranging from $500 to $2,500, and the New York Attorney General may bring an action to enforce the law. The law also prohibits employers and others from discharging, threatening, penalizing, discriminating or retaliating against employees for exercising rights protected by the statute.

The law does not supersede a collective bargaining agreement that provides employees with at least substantially similar access to their personnel records.

Potential Clarifying Amendments
Further legislative amendments are anticipated to address certain ambiguities in the law, including whether employers must create personnel files or produce documents beyond records they already maintain and the scope of records covered by the law.

The law as currently enacted nevertheless takes effect November 8, 2026. Employers therefore should prepare to comply with the existing requirements while monitoring further legislative developments.

What Employers Should Do Now
With the November 8 effective date approaching, New York employers should consider reviewing their personnel-record policies and procedures before the law takes effect. In particular, employers may want to identify where personnel records are maintained, establish a process for responding to written requests within five business days and determine how employees will be notified when potentially negative information is placed in their files.

Employers should also review their personnel-record retention practices and any written personnel policies maintained regarding terms and conditions of employment. Human resources personnel and managers should be familiar with the new notification requirement, particularly because documents beyond formal disciplinary notices may fall within the statute.

Author:
Keith J. Gutstein
Chair of the Labor and Employment Law Practice Group and Co-Managing Partner of KD’s Long Island office.