New York Enacts Personnel Records Access Law

Highlights

• New York Gov. Kathy Hochul on September 9, 2026, signed into law new Section 210-b to the New York Labor Law, changing New York employers' obligations in response to employee personnel file requests. The law takes effect on November 8, 2026, 60 days after enactment, giving employers a narrow window to update their practices.
• For the first time, New York will require employers to provide current and former employees copies of their personnel records within five business days of a written request at no cost.
• Employers must notify employees within 10 days of placing negative information in their personnel files and allow employees to submit a written rebuttal that becomes a permanent part of the record.
• Employers also must retain complete personnel records without deletions or expungement for three years after an employee's separation. Violations carry civil penalties of $500 to $2,500 and are enforced by the New York Attorney General.

To date, New York has been a notable outlier among major employment jurisdictions. Under existing law, an employee's personnel file is generally considered the property of the employer, and employers have had no obligation to provide employees access to those records. States such as Massachusetts, California and Illinois have long required employers to grant employees access to their personnel files, but New York has not – until now.

Senate Bill S3460, introduced by Sen. Andrew Gounardes and modeled after Massachusetts Personnel Records Law, passed both chambers of the New York State Legislature in May 2026. Gov. Kathy Hochul signed the bill on September 9, 2026, though negotiations over certain ambiguities in the bill's language continued in the weeks leading up to signature. The law takes effect on November 8, 2026, 60 days following its enactment.

Who Is Covered

The law applies broadly. The term "employee" includes any person currently employed or formerly employed by an employer. "Employer" encompasses any individual, corporation, partnership, labor organization and any commercial entity, including agents of the employer. Both public and private sector employers are covered.

Notably, the definition of "personnel record" extends to records in the possession of a third-party person, corporation, partnership or other association that has a contractual agreement with the employer to keep or supply personnel records. This means that employers cannot avoid the law's requirements by outsourcing recordkeeping to a third-party human resources (HR) platform or payroll vendor.

What Counts as a Personnel Record

The statute defines "personnel record" broadly as any record kept by an employer that identifies an employee to the extent that the record is used, has been used, or may affect or be used in relation to that employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action.

The law specifically enumerates records that must be included:

• name, address and date of birth
• job title and description
• rate of pay and other compensation
• starting date of employment
• job application
• resumes or other employment inquiry forms submitted in response to the employer's advertisement
• all performance evaluations, including evaluation documents
• written warnings of substandard performance
• probationary period lists
• waivers signed by the employee
• dated termination notices and other documents relating to disciplinary action

Personnel records must be maintained in typewritten or printed form. The statute excludes information of a personal nature about a person other than the employee if disclosure constitutes a clearly unwarranted invasion of that other person's privacy.

Employers should also be mindful that other laws may require certain information to be kept and maintained separately from an employee's personnel record, such as information related to an employee's medical or accommodation status.

Key Employer Obligations

Five-Day Production Requirement: Upon receiving a written request from a current or former employee, the employer must provide a complete copy of the employee's personnel record within five business days, at no cost to the employee. Employers may limit employees to two requests per calendar year, though a request triggered by newly added negative information does not count toward the annual cap.

Notice of Negative Information: An employer must notify an employee within 10 days of placing in the employee's personnel record any information that is, has been used or may be used to negatively affect the employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action. Notably, the statute does not define what constitutes as "negative" information or prescribe the manner by which notice must be provided. Given the breadth of the statutory language, employers should read the language broadly to include any informal feedback regarding the employee or employee's performance.

Employee Rebuttal Rights: If an employee disagrees with information in the personnel record, the employee may submit a written statement explaining the employee's position. That statement must become part of the personnel record and must be included whenever the disputed information is transmitted to a third party.

Three-Year Retention: Employers must retain the complete personnel record, without deletions or expungement, from the date of employment through three years after termination of employment. Employers should be aware that other applicable federal, state or local laws may require certain personnel records to be retained for longer periods.

Anti-Retaliation: The statute prohibits retaliation against employees who exercise their rights under the new Section 210-b of the New York Labor Law. The statute expressly provides that prohibited retaliation includes threatening to contact or contacting U.S. immigration authorities or otherwise reporting or threatening to report to a federal, state or local agency the suspected citizenship or immigration status of an employee or the employee's family or household member.

Enforcement and Penalties

The law is enforced by the New York Attorney General. Violations are punishable by civil penalties of not less than $500 and not more than $2,500 per violation. The statute does not create a private right of action.

Governor's Approval Memorandum and Anticipated Amendments

When signing the bill into law, Gov. Hochul issued an approval memorandum acknowledging that the statute as drafted contains ambiguities requiring legislative correction. The governor announced an agreement with the legislature to pursue a Chapter Amendment – a mechanism by which the legislature agrees at the time of signing to pass a follow-up bill addressing identified concerns. Two clarifications are expected. First, the amendments would confirm that employers are not obligated to create personnel files or produce records they do not already maintain. Second, the amendments would narrow the definition of "covered records" to those actually used in making hiring, retention, promotion, transfer, compensation or disciplinary decisions. Despite the likelihood of upcoming amendments, employers should begin preparing for the law's core personnel record access and notice requirements while monitoring further developments.

Practical Takeaways for Employers

The 60-day implementation window is tight. Although the obligations sound straightforward, they require meaningful operational changes, particularly around how personnel records are organized, stored and tracked, as well as how negative information is documented and communicated.

The five-day clock is the most immediate operational challenge. Many employers do not currently maintain centralized, readily accessible personnel files. Retrieving scattered records from multiple systems, managers and third-party vendors within five business days will require advance planning.

The negative information notice requirement is also likely to reshape employer practices around performance management. Employers will need to build notification processes into their disciplinary and evaluation workflows and should carefully consider what constitutes "negative" information given the breadth of the statutory language.

Recommended Next Steps Before November 8

• Audit Personnel Record Practices: Identify where personnel records are currently stored – whether in HR information systems, manager files, third-party vendor platforms or paper files – and determine whether they can be compiled and produced within five business days.
• Centralize Recordkeeping: Establish a single, organized personnel file for each employee that includes all categories of records enumerated in the statute. Consider digitizing paper records where feasible.
• Coordinate with Third-Party Vendors: Review agreements with payroll providers, professional employer organizations, staffing agencies and HR platforms to confirm they can support timely production of records maintained on the employer's behalf.
• Develop a Written Request Protocol: Create a clear internal process for receiving, tracking and responding to employee requests within the five-business-day deadline, including designating responsible personnel.
• Implement Negative Information Notification Procedures: Integrate a 10-day notice workflow into performance management, disciplinary and evaluation processes. Determine who is responsible for issuing notifications and how they will be documented.
• Establish a Rebuttal Process: Create a mechanism for employees to submit written rebuttals and ensure those statements are appended to the personnel record and included in any third-party transmissions of disputed information.
• Review Retention Policies: Confirm that personnel records are retained for at least three years following termination, without deletions, and update document retention schedules accordingly.
• Train HR and Management: Educate HR professionals, managers and supervisors about the new requirements, particularly the negative information notice obligation, which will affect day-to-day management practices.

New York's new personnel records law brings the state in line with a growing number of jurisdictions that provide employees formal access to their employment files. Though the statute is narrower than some in other states (it does not, for example, create a private right of action), the combination of a tight production deadline, broad record definitions and attorney general enforcement makes compliance essential. Employers with operations in New York should treat the November 8, 2026, effective date as a firm deadline and begin preparations now.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.