NEW YORK PERSONNEL RECORDS ACCESS LAW (SENATE BILL S3460, LABOR LAW § 210-B)
WHAT IS THIS LAW?
Effective November 8, 2026, New York employers will be required to comply with new personnel records requirements under New York Labor Law Section 210-b. The law grants current and former employees the right to access, review, and challenge information contained in their personnel records and imposes new obligations on employers relating to record access, employee notifications, record retention, and anti-retaliation protections. The law applies broadly to both public and private employers in New York, regardless of size.
WHAT IS A PERSONNEL RECORD?
Under the law, a personnel record generally includes any record maintained by an employer that identifies an employee and is used, has been used, or may be used in connection with employment-related decisions, including hiring, retention, promotion, transfer, compensation, or discipline. Examples may include employment applications, resumes, compensation information, performance evaluations, written warnings, disciplinary records, probationary period documentation, termination notices, and employee-signed acknowledgments. The law also extends to personnel records maintained by third-party vendors, such as applicant tracking systems, payroll providers, HRIS platforms, or outsourced HR service providers.
EMPLOYEE ACCESS, NOTICE, AND CHALLENGE RIGHTS
Employees and former employees have the right to request a copy of their personnel records. Upon receipt of a written request, employers must provide a copy of the personnel record within five (5) business days and may not charge a fee for doing so. In addition, employees must be allowed to review their personnel records, although employers generally are not required to permit more than two reviews per calendar year. Reviews related to newly added negative information do not count toward this annual limit.
One of the most significant aspects of the law is the requirement that employers notify employees within ten (10) calendar days when information is added to a personnel record that is, has been, or may be used to negatively affect the employee’s employment, promotion opportunities, transfers, compensation, or potential disciplinary action. While the law does not define the term “negative information,” employers should consider whether written warnings, performance concerns, attendance issues, corrective actions, and similar documentation may fall within this requirement.
Informal documentation may also create compliance obligations. Emails, written notes, internal messages, and other records relating to performance, attendance, conduct, or discipline may ultimately constitute personnel records if they are used in employment-related decision-making. Employers should therefore assume that documentation used to support employment decisions may be subject to employee review under the law. Employers should ensure employment-related documentation is factual, objective, professional, and business-focused.
The law also provides employees with the ability to challenge information contained in their personnel records. If an employee disputes information, the employer and employee may agree to correct or remove the information. If no agreement is reached, the employee may submit a written statement explaining their position. That statement must be maintained as part of the personnel record and must accompany the disputed information whenever it is provided to a third party. In addition, employees may seek removal of information that the employer knew or should have known was false through available personnel procedures, collective bargaining procedures, or legal action.
RECORD RETENTION AND DOCUMENTATION CONSIDERATIONS
Employers must maintain personnel records from the date of hire through employment and for at least three years following separation from employment. Employers should review record retention practices to ensure personnel records are maintained accordingly, or longer where required by applicable federal, state, or local law.
Certain categories of information, including medical records and accommodation-related documentation, may be subject to separate confidentiality and recordkeeping requirements and should not automatically be maintained in an employee’s personnel file. Outsourcing record storage does not eliminate the employer’s responsibility to locate and produce records when required.
ANTI-RETALIATION PROTECTIONS
The law prohibits employers from discharging, threatening, penalizing, discriminating against, or otherwise retaliating against employees because they exercised rights provided under the statute. Employees who request access to their personnel records, review records, or challenge information contained within those records are protected from retaliation.
PENALTIES FOR NON-COMPLIANCE
WORTH NOTING
Several aspects of the law, including the definition of “personnel record” and the scope of the notice requirement, remain subject to interpretation and may be clarified through future legislative amendments or agency guidance. As a result, employers may wish to review personnel file practices, documentation procedures, and record-retention policies before the law takes effect.
When signing Senate Bill S3460, Governor Kathy Hochul indicated that clarifying amendments are expected during the 2027 legislative session. According to the Governor’s approval memorandum, those amendments are expected to clarify that employers are not required to create personnel files, are not required to create documents that do not already exist, and that personnel records are intended to include records used in employment-related decision-making. Employers should continue monitoring developments and any future guidance regarding implementation of the law.
Please note that this fact sheet is not exhaustive, and the information provided is not intended as legal advice and should not be relied upon as such. If you require legal advice, we recommend consulting with a qualified attorney to understand how your business could be impacted by any new legislation.
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