On May 19, 2026, the New York Legislature passed Bill S.3460, which would require employers to provide employees with access to their personnel records (the “Bill”). If enacted, the Bill would ensure that employees have a fair opportunity to review their files and are notified when negative information is placed in their personnel records. If signed by Governor Hochul, the Bill would give employers who would then have 60 days from the date of enactment to implement policies and procedures necessary to comply with the new requirements.
Access to and retention of personnel records
The Bill would allow employees the opportunity to access their personnel records at least twice per calendar year. Employers would be required to furnish a copy of the requested records within five business days of receiving a written request, at no cost to the employee. “Personnel record” is defined broadly 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. Under the Bill, employers would be required to retain the complete personnel record of any employee without deletions or expungement of information, from the date of employment to a date three years after the termination of the employment.
Notice of negative information
If enacted, the Bill would require employers to notify an employee within ten days of the employer placing negative information in the employee’s personnel record. Under the Bill, negative information includes information that is, has been used, or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or the possibility that the employee will be subject to disciplinary action. Additionally, if an employee disagrees with any information contained in his or her personnel record, the employee may submit a written statement explaining the employee’s position, which must be maintained as part of the personnel record and included whenever such information is transmitted to a third party.
Enforcement and penalties
The Bill would be enforced by the Attorney General, and violations would be subject to a fine of between $500 and $2,500. If an employer places information in a personnel record that it knew or should have known to be false, the employee may seek to have such information expunged through the applicable collective bargaining agreement, other personnel procedures, or judicial process. The Bill also prohibits employers from discharging, threatening, penalizing, or otherwise discriminating or retaliating against any employee who exercises his or her rights under the statute.
What this means for employers
If enacted, the Bill would significantly change personnel recordkeeping practices in New York. Employers would need to reassess how personnel records are created, maintained, disclosed, and retained. In light of these potential changes, employers should be prepared to review their personnel file access policies and implement comprehensive procedures to comply with the Bill, including establishing protocols for responding to employee access requests and notifying employees of negative information placed in their records. We will continue to monitor any developments and provide additional updates.