New York Legislature Passes Bill Expanding Employee Access to Personnel Records, 6-24-2026

The New York Legislature has passed a bill that would establish a statewide right for private and public-sector employees to access personnel records in New York. If signed by Governor Hochul, the bill would add a new Labor Law section 210-b and require employers to provide copies of personnel records within five business days of a written request, notify employees when certain negative information is placed in the file, and comply with new retention and anti-retaliation rules.

What the Bill Would Require
Under the bill (S3460/A2107), an employer that receives a written request from an employee to access the employee’s personnel record must provide a copy of the record, at no cost, within five business days. Employees would be entitled to review their personnel records up to twice per calendar year, but a review triggered by the addition of negative information would not count toward that annual limit.

The bill defines “personnel record” to include records kept by an employer that identify an employee and are used, have been used, or may affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.

The legislation would also require employers to notify an employee within 10 days after placing information in the personnel record if that information is, has been used, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or exposure to disciplinary action. In addition, employees would be permitted to submit a written statement disagreeing with information in the personnel record, and that statement would become part of the record.

Please note that the bill, as currently drafted contains certain apparent ambiguities. For example, the bill does not clearly define what it means to “negatively impact” an individual’s employment, even though that standard serves as the trigger for the notification requirement.

Additionally, the bill requires employers to provide notice when information placed in an employee’s file “may” negatively impact the employee’s employment. It is unclear whether this language obligates employers to provide notice for any information that might, at some future point, adversely affect the employee’s employment status. As drafted, the provision may be interpreted broadly, creating uncertainty regarding the scope of an employer’s notification obligations. 

Another notable aspect of the legislation is that its protections would extend to former employees. The bill defines “employee” to include both current and former employees and would entitle those individuals to request access to their personnel records. The bill would also require employers to retain personnel records for at least three years following termination of employment.

The legislation would prohibit employers and other persons from discharging, threatening, penalizing, or otherwise discriminating or retaliating against an employee for exercising rights under the statute. The bill authorizes the Attorney General to enforce the statute and seek civil fines of $500 to $2,500 per violation. The bill also permits employees to seek judicial process or relief through a collective bargaining agreement or other personnel procedures to expunge information that the employer knew or should have known to be false.

Why it matters
If enacted, this measure would mark a substantial change in New York, where employers generally are not currently required to allow employees to access their personnel files. The bill would impose short turnaround times, affirmative notice obligations, and longer-term file maintenance requirements that may require immediate policy, process, and training updates.

The five-business-day response period is especially significant for employers with decentralized HR functions, multiple worksites, or mixed paper and electronic personnel files. Employers may need a clear protocol for identifying what constitutes a “personnel record,” routing written requests, documenting timely responses, and preserving any employee rebuttal statements.

For unionized employers, the legislation may also increase the use of grievance and arbitration procedures involving personnel records and disciplinary documentation, making careful recordkeeping and documentation practices increasingly important.

Employer considerations
Employers with operations in New York should consider taking the following steps now, in anticipation of possible enactment:

• Review personnel file practices to determine what records are maintained, where they are stored, and who controls access.
• Update policies and manager guidance to address written requests for personnel records and the five-business-day response deadline, should the law be implemented.
• Develop a process to notify employees within 10 days when negative information is added to a personnel file.
• Create a procedure for receiving, retaining, and associating employee rebuttal statements with the relevant file materials.
• Confirm record retention practices can preserve complete personnel records for at least three years after separation, if the bill is signed.

Train HR personnel and managers on the bill’s anti-retaliation provisions and the need for consistent handling of requests.

Authors:
Shiddhartha Uddin
Attorney

Keith J. Gutstein
Chair of the Labor & Employment Law Practice Group
Co-Managing Partner of KD’s Woodbury, NY Office