New York Enacts Personnel Records Access Law: What Employers Need to Know

By Matt Miller 

For the first time, New York employers will need a formal process for employees to access their personnel files. On September 9, 2026, Governor Hochul signed Senate Bill S3460 into law, adding new Section 210-b to the New York Labor Law. It takes effect November 8, 2026.

What the Law Requires

• Access on request. Employers must provide a free copy of an employee's (or former employee's) personnel record within five business days of a written request.
• Frequency. Employees get at least two reviews per calendar year; a review triggered by new negative information doesn't count against that limit.
• Negative-information notice. Employers must notify an employee within 10 days of adding information that is, has been, or may be used to negatively affect their employment, promotion, transfer, compensation, or discipline.
• Right to respond. Employees may submit a written statement disputing information in their file; it becomes part of the record.
• Scope carve-out. Personal information about a third party is excluded from an employee's personnel record where disclosure would be an unwarranted invasion of that person's privacy.
• Retention. Records must be kept for at least three years post-termination.
• Written policy location. If an employer maintains a written personnel policy, it must be kept at the location where personnel matters are administered.
• Anti-retaliation. Employers may not discipline or retaliate against an employee for exercising these rights — including by threatening to report the employee's (or a family or household member's) immigration status to authorities.
• Enforcement. Section 210-b itself is enforced exclusively by the Attorney General, with fines ranging from $500 to $2,500 per violation; a CBA that provides substantially similar access satisfies the statute. Employers should also be alert to a separate exposure: a retaliation violation under Section 210-b(8) may give employees an independent avenue to sue under the Labor Law's general anti-retaliation statute, Section 215, which protects employees who “exercise rights protected under” the Labor Law and carries its own civil action, back pay, front pay, liquidated damages, and attorneys' fees. No case law has tested that interplay yet — time will tell how it plays out.

A Note on Scope

In her signing memo, Governor Hochul flagged ambiguity in the bill's broad language and struck a deal with the Legislature to clarify it next session — including confirming that employers aren't required to create new documents or files, and that “personnel record” covers only material actually used in hiring, retention, promotion, transfer, compensation, or discipline decisions. We'll track that follow-up legislation closely.

What Employers Should Do Now

• Audit where personnel records live and what they actually contain.
• Build a written-request intake and five-day turnaround process.
• Prepare a negative-information notice and rebuttal-filing procedure.
• Update handbooks and train HR and frontline managers before November 8.

Questions about how this affects your business? Contact Matt Miller or any member of our Labor & Employment team.