Currently, New York employees do not have a statutory right to inspect their personnel files. That will change on Nov. 8, 2026, when Senate Bill S3460 takes effect. The new law, signed by the governor on Sept. 9, 2026, permits current and former employees to access their personnel files and creates additional rights relating to those records.
Under the new law, current and former employees may request access to their personnel files from their employer. Once a written request is made, the employer must provide a copy of the file within five business days at no cost to the employee.
A personnel file includes records concerning an employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. The definition excludes information about a different person that would invade that person’s privacy. The law also identifies specific materials that should be included, such as job titles and job descriptions, compensation and pay rates, hire dates, job applications, resumes, performance evaluations, written warnings, probationary period records, and termination notices. Personnel files also include information maintained by third parties under a contractual arrangement with the employer.
Another provision requires employers to notify employees within 10 days after placing negative information in their personnel file. “Negative information” means any information that “is, has been used, or may be used, to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action.”
Employers are not required to provide access to an employee’s personnel file more than twice per year. However, a notice and review request triggered by the placement of negative information in the file does not count toward that annual limit.
If there is a disagreement about information in the personnel file, the employer and employee may mutually agree to correct or remove it. If they do not reach agreement, the employee may submit a written statement explaining the employee’s position, which must become part of the personnel file.
The law also prohibits employers from discriminating against or retaliating against employees for exercising their rights under the statute. The law specifically identifies as impermissible retaliation contacting or threatening to contact immigration authorities or reporting or threatening to report an individual’s citizenship or immigration status.
The law further requires employers to retain an employee’s personnel file for three years after the employee’s separation from employment. It does not supersede a collective bargaining agreement that provides employees with similar access to their personnel files. The statute also provides that personnel files must be maintained in typewritten form or handwritten in indelible ink.
New York Personnel File Law Penalties and Potential Amendments
Violations of the statute may result in a fine of not less than $500 and not more than $2,500. The attorney general will enforce the law.
Though the governor signed the bill, she noted that it “as drafted had ambiguities that needed to be resolved to avoid uncertainty for both employers and employees.” For example, the governor noted that “employers are not required to create a personnel file or produce new documents beyond the records they currently maintain.” The governor also stated that an agreement had been reached with the Legislature to address these concerns in the next legislative session, which begins in January 2027. Accordingly, the law may be amended further.
Going forward, employers may wish to confirm they are maintaining complete employee personnel files. Employees may begin requesting copies, particularly those contemplating litigation or involved in disputes with their employers.
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.
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