New York Enacts New Personnel Records Law: What Employees and Employers Need to Know

New York has just given workers a powerful new tool to see what’s in their employment file, and to fight back when it contains something false. On September 9, 2026, Governor Hochul signed Senate Bill S3460 into law as Chapter 293 of the Laws of 2026, adding a new Section 210-b to the New York Labor Law. The law takes effect 60 days after signing, meaning it will be in force in early November 2026. Today’s Employment Law blog discusses the law and what it means for employers and employees.

What the Law Does

Modeled on a similar Massachusetts statute, the new law grants virtually every private and public sector employee in New York the right to access their own personnel file. Specifically, the law:

Guarantees access to personnel records. Employees and former employees can submit a written request to their employer to review their personnel record. The employer must provide a copy, at no cost, within five business days of the request. Employees are entitled to make this request up to twice per calendar year.

Requires notice of negative information. If an employer places information in an employee’s file that negatively affects, or could negatively affect, that employee’s qualification for employment, promotion, transfer, additional compensation, or exposes them to possible discipline, the employer must notify the employee within ten days. Notably, a notice triggered by negative information does not count against the employee’s two annual review requests.

Defines “personnel record” broadly. The law covers far more than a slim disciplinary file. It expressly includes names, addresses, dates of birth, job titles and descriptions, pay rates and compensation, start dates, job applications, resumes, performance evaluations, written warnings, probationary period records, signed waivers, termination notices, and any other documents relating to discipline. Records must be kept in typewritten, printed, or indelible handwritten form.

Allows employees to contest inaccurate information. If an employee disagrees with something in their file and the parties can’t resolve it, the employee can submit a written statement explaining their position, which must become part of the personnel record and travel with it whenever the file is shared with a third party. If an employer knowingly (or negligently) places false information in a file, the employee can pursue removal through a collective bargaining grievance, other personnel procedures, or the courts.

Sets a three-year retention requirement. Employers must retain the complete personnel record, without deletions, for three years after an employee’s termination.

Prohibits retaliation. Employers cannot fire, threaten, penalize, or otherwise retaliate against an employee for exercising these rights. Notably, the law specifically identifies threatening to report and actually reporting an employee’s or their family member’s immigration status to federal, state, or local authorities as a form of prohibited retaliation.

Creates real enforcement teeth. Violations are punishable by a fine of $500 to $2,500, enforced by the New York Attorney General. Employees who face retaliation or discrimination for exercising their rights under the law also have an independent right to bring their own legal claim.

Respects collective bargaining agreements, but only where those agreements provide substantially similar access rights, meaning a weaker CBA provision won’t be allowed to override the statute’s protections.

Why This Matters

For years, New York employees have often had little insight into what their employer keeps on file about them and even less recourse when negative or inaccurate information surfaced during a promotion decision, a termination, or a background check. This law changes that dynamic. It creates transparency, gives employees a genuine opportunity to correct the record, and arms them with a private right of action and whistleblower-style retaliation protections if they’re punished for asserting these rights.

What Employers Should Do Now

With an effective date in early November 2026, employers should not wait to prepare. That means:

• Auditing what qualifies as a “personnel record” under the new definition and ensuring those records are centralized and retrievable within the five-business-day window.
• Building an internal process for the required 10-day negative-information notices.
• Training HR and management on the two-review-per-year rule and the separate carve-out for negative-information reviews.
• Updating retention policies to ensure records are kept for three years post-termination.
• Reviewing anti-retaliation policies to specifically address the law’s immigration-status retaliation provision.

What Employees Should Know

If you believe your employer has placed inaccurate or unfair information in your file, you will soon have a clear statutory right to see it, respond to it in writing, and if necessary, pursue removal of false information through the courts. If you experience pushback, discipline, or retaliation for requesting your file, that retaliation is itself illegal under the new law.

Talk to an Employment Attorney

Whether you’re an employer working to build compliant policies before the law takes effect, or an employee who believes your rights under this new statute have been or will be violated, the attorneys at Famighetti & Weinick PLLC are here to help. Contact our office today to discuss how New York’s new personnel records law affects you. Our attorneys are available at (631) 352-0050 or at http://linycemploymentlaw.com. The full text of the law is available here.

This blog post is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult with one of our attorneys.