If you employ workers in New York, there’s a new compliance deadline headed your way — and it’s coming fast. On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460 into law, giving current and former employees a statewide right to request and review their personnel records. The law takes effect on November 8, 2026, which means employers have just weeks to get their houses in order. It applies to all public and private employers.
Modeled after Massachusetts’s Personnel Record Law, the New York Legislature designed this law to “inspire an open and transparent dialogue” between employees and employers and give workers the chance to challenge and remove “knowingly false or defamatory statements from their records.”
Here’s what employers need to know.
The Law May Still Change
Governor Hochul signed the bill, but she didn’t do so without reservations. In a signing memo, the governor acknowledged ambiguities in the law and signaled that the Legislature may need to pass clarifying amendments — including around what actually counts as a “personnel record” and confirming that employers aren’t required to create a personnel file or produce new documents beyond the records they already maintain. So, expect potential changes down the road. That said, don’t wait for those clarifications before getting organized because the November 8 effective date isn’t moving.
Employees Can Request Their Personnel File — And You’ve Got Five Days
Under the new law, employees (and former employees) can submit a written request to review their personnel record. Once you receive that request, the clock starts ticking: You must provide a free copy within five business days. You are not required to grant access more than twice per calendar year. But, if the request is triggered because of the addition of negative information to an employee’s file, that review doesn’t count toward the two-per-year limit.
The 10-Day Notice Rule for Negative Information
Here’s one that could easily trip employers up. If you place information in an employee’s personnel record that is, has been, or may be used to negatively affect their qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action, you must notify the employee within 10 days.
Think about what this means in practice: When written warnings, performance improvement plans, or disciplinary write-ups go into the file, the employee needs to hear about it within 10 days.
Employees Can Push Back on What’s in Their File
The law gives employees the right to challenge information in their personnel record:
- If there’s a disagreement, the employer and employee can mutually agree to remove or correct the information.
- If they can’t reach an agreement, the employee may submit a written statement explaining their position. That statement becomes a permanent part of the personnel record.
- If the disputed information is ever shared with a third party, the employee’s written statement must be included along with it.
- If the employer placed information it knew or should have known was false, the employee can seek to have it expunged through a collective bargaining agreement, internal personnel procedures, or the courts.
So What Counts as a “Personnel Record”? (A Lot.)
The statute’s definition of “personnel record” is broad. As written, it covers any record kept by an employer that identifies an employee, to the extent it is used, has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.
The law specifically requires the following to be included in an employee’s personnel record (to the extent prepared by the employer):
- Name, address, and date of birth
- Job title and description
- Rate of pay and any other compensation
- Starting date of employment
- Job applications, resumes, and other employment inquiry forms
- All performance evaluations
- Written warnings of substandard performance
- Lists of probationary periods
- Waivers signed by the employee
- Copies of dated termination notices
- Any other documents relating to disciplinary action
A few additional points worth noting:
- Third-party records count. Records maintained by third-party HR or personnel-administration vendors under contract with the employer are included.
- Privacy carve-out. The definition excludes personal information about other individuals where disclosure would constitute a “clearly unwarranted invasion of such other person’s privacy.”
Record Retention: Three Years After Separation
Employers must retain the complete personnel record from the date of employment through three years after the employee’s termination.
Enforcement
The New York attorney general has enforcement authority under this law and can seek civil penalties ranging from $500 to $2,500 per violation.
The law includes a robust anti-retaliation provision. Employers may not discharge, threaten, penalize, discriminate against, or retaliate against any employee who exercises their rights under the statute.
Unionized Workplaces: Check Your CBA
The law does not supersede a collective bargaining agreement that already provides employees with “at least substantially similar access” to their personnel records. If you’re a unionized employer, review your CBA language before overhauling your personnel file access procedures.
What Employers Should Do Now
November 8 is right around the corner. Here’s your action-item checklist:
- Build a request intake process. Create a simple, trackable system for receiving and responding to written personnel record requests so you don’t miss the five-business-day deadline.
- Map your records. Identify where employment-related records are stored — HR files, third-party platforms, payroll systems — and figure out who will manage the response process.
- Audit your personnel files. Make sure they include the categories of information the statute requires (job applications, evaluations, warnings, termination notices, etc.).
- Review retention practices. Confirm you’re keeping complete personnel records during employment and for at least three years after separation without deletions.
- Update your handbook. Revise employee handbooks, personnel file policies, and internal templates so employees know how to make requests and your team can respond consistently.
- Designate a point person. Assign someone (or a team) to own the request-and-response process from end to end.
New York’s Personnel Record Access Law is a significant new compliance obligation. While Governor Hochul has signaled that clarifying amendments may come, the law as written is effective November 8, 2026, and employers need to be ready. The smartest move right now is to get organized. Identify where your records live, streamline your response process, and make sure your policies are up to date. Your employees will soon have the right to see what’s in their personnel file, so make sure what’s in there is accurate, complete, and ready to share.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.