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Over the past decade, several US states have enacted laws granting employees access to their personnel records. New York State, however, which is typically at the forefront of employee-friendly legislation, had surprisingly not yet enacted such a law.
That changed on September 9, 2026, when Governor Hochul signed S3460 into law. As we previously reported here, the law – which goes into effect on November 8, 2026 – will require all New York State employers to provide current and former employees with access to their personnel records and to take other actions relating to personnel records.
What is a “personnel record” under the law?
The law defines “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.
Examples of records that constitute part of an employee’s “personnel record” include employment applications and resumes, job descriptions, compensation-related information, termination notices, performance reviews, written warnings regarding performance and disciplinary issues, and waivers signed by the employee. That said, “personnel record” does not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a “clearly unwarranted invasion of such person’s privacy.”
What obligations does the law impose on New York employers?
The law provides current and former employees with the right to access copies of their personnel records, requires employers to notify employees when negative information is added to their files, and allows employees to submit written responses or seek expungement of information the employer knew or should have known to be false. The purpose of the law is to ensure all employees have a fair opportunity to review their personnel records.
The law requires that employers furnish a copy of an employee’s personnel record within five business days of receiving the employee’s written request for the record, at no cost to the employee.
In addition, employers must now affirmatively notify employees within ten days after placing information in their personnel record that is, has been, or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action.
An employer is not required to permit an employee to review their personnel record more than twice per calendar year. A notification and review resulting from the placement of negative information in the record does not count toward that limit.
Employers must also 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 employment.
What if an employee disagrees with the contents of their personnel record?
If an employee disagrees with any information contained in their personnel record, removal or correction of such information may be mutually agreed upon by the employer and the employee. If an agreement is not reached, the employee may submit a written statement explaining their position, which must be maintained as part of the personnel record and included whenever such information is transmitted to a third party. The law does not prescribe a timeframe for employees to submit disagreements with the contents of their personnel record, so presumably they can do this at any time.
What are the implications of non-compliance?
The law will be enforced by the Attorney General, and violations will be subject to a fine of between $500 and $2,500. The law also prohibits employers from discharging, threatening, penalizing, or otherwise discriminating or retaliating against any employee who exercises their rights under the statute.
In addition, the law affords employees a private right of action in the event an employer places any information in a personnel record which such employer knew or should have known to be false. The employee may pursue remedies to have such information expunged. The terms “other personnel procedures” and “judicial process” have not been defined by the statute, and the statute does not specify whether any damages may be awarded beyond expungement if the employee prevails. We anticipate that the state will issue guidance on this point.
Anticipated amendments (2027)
Governor Hochul also issued an approval memorandum identifying ambiguities that need to be resolved to avoid uncertainty for both employers and employees. For example, the memorandum suggest clarifying that employers are not required to create a personnel file or produce new documents beyond the records they currently maintain, and that personnel files only include records or documents used to determine an employee’s qualifications for hiring, retention, promotion, transfer, additional compensation, or disciplinary action. Therefore, amendments to the law are anticipated in the 2027 legislative session.
Next steps for employers
Before November 8, 2026, we recommend employers take the following steps to ensure compliance:
Review and ensure there is a streamlined process in place for how personnel records are created, maintained, disclosed, and retained.
Consider whether existing recordkeeping practices include the categories of records potentially covered by the law and whether those records can be readily identified.
Establish protocols for responding to employee access requests within five business days.
Develop processes for notifying employees within ten days after negative information is placed in their records.
Create guidelines on how to respond when an employee disagrees with the contents in their personnel record.
Train managers and HR personnel on the new requirements, including what constitutes “negative information” that triggers the ten-day notice obligations, how to respond to employees who disagree with the contents in their personnel record, the five-business-day response deadline for access requests, and who is responsible for providing the required notices.
We will continue to monitor any developments, including the anticipated amendments, and provide additional updates.