New York Governor Kathy Hochul signed S.3460 into law on September 9, 2026, adding a new Section 210-b to the New York Labor Law, marking a significant shift in employee rights.
The new law gives current and former employees a first-time statutory right to access, and in some circumstances dispute, the contents of their personnel files held by employers.
Section 210-b takes effect on November 8, 2026, giving businesses across the state a narrow window to update their internal processes and compliance frameworks before the deadline.
The law is modelled on Massachusetts’ Personnel Record Law, bringing New York in line with many other states that already grant employees regular access to their employment files.
Pursuant to an agreement cited by Governor Hochul in her approval memorandum, the New York State Legislature is expected to make changes to the law during its next session to address certain ambiguities.
“Employer” is defined broadly under the statute to include any individual, corporation, partnership, labor organisation, or other legal business entity, with no exemption granted based on employer size.
Employees are entitled to request a free copy of their personnel record up to twice per calendar year, with employers required to produce it within five business days of receiving a written request.
Critically, employers must notify employees within 10 days of placing information in a personnel file that is, has been, or may be used to negatively affect the employee’s standing or subject them to disciplinary action.
The statute defines a “personnel record” broadly, covering records held by third parties under contract with the employer, meaning outsourced payroll or HR vendor records fall within the law’s scope.
Specific categories must be included in a personnel record to the extent prepared by the employer, covering name, address, date of birth, job title, rate of pay, starting date, job applications, performance evaluations, written warnings, and termination notices.
If an employee disagrees with information in their file, removal or correction may be resolved by mutual agreement, or the employee may submit a written rebuttal statement that becomes a permanent part of the record.
Where an employer placed information in a record that it knew or should have known was false, the employee has a remedy to have that information expunged through a collective bargaining agreement, personnel procedures, or a judicial proceeding.
Employers must retain a complete personnel record without deletions from an employee’s date of hire through three years after termination of employment, ensuring records remain intact for that full period.
Any violation of Section 210-b is punishable by a fine of at least $500 and up to $2,500, enforced by the New York Attorney General, with a separate anti-retaliation provision protecting employees who exercise their rights.
Employers with unionised workforces should review existing collective bargaining agreements to confirm that personnel file access provisions meet the statutory floor set out under Section 210-b.
Because employee rebuttal statements become part of the permanent record and must accompany it whenever transmitted to a third party, employers should anticipate these statements surfacing in litigation, arbitration, or workers’ compensation proceedings.
Legal advisers recommend that employers document their own factual responses to any rebuttal at the time of submission, rather than relying on institutional memory if the record resurfaces in a later dispute.
Before the November 8, 2026, effective date, employers should designate a specific person or team to receive and respond to personnel-record requests within the five-business-day statutory deadline.
Businesses should inventory all locations where personnel records are stored, including systems maintained by third-party payroll or HR vendors, and confirm those records can be retrieved within the required timeframe.
Managers, supervisors, and HR teams will need targeted training on the statute’s requirements, including the strict prohibition on retaliating against employees who exercise their rights under the new law.