NY Personnel Records Law Soon Takes Effect

New York’s new personnel records access law, S3460, takes effect on November 8, 2026.  When it does, Section 210-b of the New York Labor Law will give employees the right to obtain, review, and dispute the contents of their personnel records.  The law also imposes obligations on employers related to records retention, notice, access, and anti-retaliation.

Scope of Coverage

The law broadly defines both “employer” and “employee.”  “Employer” means any “individual, corporation, partnership, labor organization, unincorporated association or any other legal business, including any governmental entity or public employer.”  “Employee” means any “person currently employed or formerly employed by an employer.”  The statute does not address its geographic scope, including whether it covers employees outside New York who work for New York-based employers.

Definition of “Personnel Record”

The statute defines a “personnel record” as “a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.”

Though this definition is ambiguous, the following written information or documents—“to the extent prepared by an employer regarding an employee”—must be included in a personnel record:

• The employee’s name, address, date of birth, job title and description;
• Rate of pay and any other compensation paid to the employee;
• The employee’s start date of employment;
• The employee’s job application;
• The employee’s resumes or other forms of employment inquiry submitted to the employer in response to the employer’s advertisement by the employee;
• All employee performance evaluations (including self-evaluations, written warnings, lists of probationary periods, waivers, and any dated termination notices); and
• Documents related to disciplinary action taken against the employee.

The definition excludes personal information about anyone other than the employee if disclosure would “constitute a clearly unwarranted invasion of such other person’s privacy.”

Employers’ Obligations Under the Law

Retention of Complete Personnel Record.  Employers will be required to retain an employee’s complete personnel record “without deletions or expungement” of information during employment and for three (3) years after employment ends.

Employee Access to Personnel Record.  Upon an employee’s written request, the employer must provide a free copy of the employee’s personnel record within five (5) days.  Employers need not permit review more than twice per calendar year.

Notification to Employee of Negative Information.  Employers must notify an employee within ten (10) days after placing information in the employee’s personnel record that is, has been, or may be used to “negatively affect” the employee’s qualifications for employment, promotion, transfer, or additional compensation, or the possibility of discipline.  The law neither prescribes the form of notice nor defines “negatively affect.”  An employee may request access after receiving such notice, and that request does not count toward the twice-yearly limit.

Anti-Retaliation.  Employers may not discharge, threaten, penalize, discriminate against, or otherwise retaliate against employees for exercising their rights under the statute.

Employees’ Right to Respond and Correct

If an employee disputes information in the personnel record, the employer and employee may agree to correct or remove it.  If they do not agree, the employee may submit a written statement explaining the dispute.  The employer must include that statement in the record and provide it to any third party that receives the disputed information.

Enforcement

The New York State Attorney General will enforce the law.  Violations carry fines of $500 to $2,500.  Importantly, the statute does not create a private right of action for employees.

Next Steps for Employers

Section 210-b is not yet final.  When Governor Hochul signed the bill, she announced an agreement with the legislature to clarify (i) that employers need not create personnel files or documents they do not already maintain and (ii) that personnel files include only records actually used in employment decisions.  Employers should account for these anticipated amendments.

Even so, employers should:

• Confirm that personnel records maintained include at least the documents in the statute’s illustrative list;
• Update retention policies to preserve personnel records for at least three years after separation;
• Adopt procedures for responding promptly to personnel-record requests and for notifying employees when “negative information” is added to their personnel records; and
• Train human resources staff, managers, and other relevant employees on the new law and any updated policies and procedures to ensure compliance and consistency across the organization.