New York Governor Kathy Hochul has signed a landmark bill granting private and public sector employees the right to access and dispute their personnel records.
The legislation, known as S3460, adds a new Section 210-b to the New York Labor Law and takes effect on November 8, 2026, sixty days after its signing on September 9.
Employers will be required to notify workers within ten days of placing any information in their personnel file that could negatively affect their employment status.
That notification requirement covers information that “has been used or may be used, to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action.”
Employers must also provide a free copy of an employee’s personnel record within five business days of receiving a written request from a current or former employee.
Workers will be entitled to at least two reviews of their personnel records per calendar year, with reviews triggered by newly added negative information not counting against that allowance.
Employers are generally required to retain complete personnel records throughout the duration of employment and for three years following a worker’s termination.
Where an employee disputes information held in their file, both parties may mutually agree to correct or remove the contested material from the record.
If no agreement is reached, the employee retains the right to submit a written statement outlining their position, which must then be formally made part of the personnel record.
The law also introduces mechanisms for seeking the expungement of information the employer knew or should have known was false, adding a further layer of protection for workers.
Protections against retaliation are included for any employee exercising their rights under the new legislation, shielding workers from punitive action by their employers.
The law does not override existing collective bargaining agreements, provided those agreements already grant employees substantially similar access to their personnel records.
The legislation was written about by Evandro C. Gigante and Laura M. Fant of the National Law Review, who highlighted the broad scope of the new requirements placed on employers across New York State.
Businesses operating in New York should begin reviewing their record-keeping and notification procedures now to ensure full compliance before the November deadline arrives.