New York employers will soon face new obligations regarding employee personnel records. On Sept. 9, 2026, Gov. Kathy Hochul signed S3460 into law, which gives employees (and former employees) broad rights to access their personnel files, requires employers to give employees notice when negative information is added to those files, and allows employees to submit written responses to such information that become part of the file. The law takes effect on Nov. 8, 2026.

What the New Law Does

The new law creates a new section to the New York Labor Law, section 210-b, which gives current and former employees a statutory right to access their personnel files. New York did not previously have a broad statewide personnel-file access law for private-sector employees, though most public-sector employees could access their personnel files through the state Freedom of Information Law. New York now joins 17 other states in giving employees some form of statutory right to access their personnel file.[1] The law is patterned after a 2010 Massachusetts law amending that state’s personnel records law.[2]

Key provisions of the new law include the following:

1. Notice of Negative Information

Employers must notify employees within 10 days after placing information in a personnel file if that information has been used or may be used to negatively affect employment decisions such as promotion, transfer, compensation, or employee discipline (see section 2). Employers can no longer quietly place potentially adverse information into an employee’s file without notice.

2. Employee Access to Personnel Files

Employers must provide a copy of an employee’s personnel file to the employee within five business days after receiving a written request from the employee, at no cost to the employee. An employee can submit up to two such written requests annually, but any such request triggered by a notice of negative information from the employer does not count toward the two annual requests (see section 2).

This means that employees can request their personnel file any time they receive the notice described above, and that they can request it for no reason at all up to twice per year.

3. Right to Correct or Respond

If an employee disagrees with information contained in the file, the employee can request correction, and if the employer and employee do not agree, the employee may submit a written statement responding to the information in the file and explaining their position. That statement becomes a part of the personnel file, and the employer is required to include it any time it transmits the personnel file to another person. If there is information in the file that the employer knows is false, or should know is false, the employee has a right to have that information removed (see section 3).

4. Record Retention Requirements

Employers must retain an employee’s personnel file as long as they employ that employee, and for three years after the employee’s employment ends (see section 4).

5. Anti-Retaliation Protections

The law prohibits employers from retaliating against employees who exercise their rights under the statute, including requesting personnel records or disputing information contained in them, and it gives employees the right to sue for damages caused by such retaliation (see section 8).

Aside from the anti-retaliation provision, the law is enforced by the attorney general, who may impose fines for violations (see section 7).

What Counts as a Personnel Record?

The definition of “personnel record” is broad. It includes any record that may affect decisions on hiring, promotion, transfer, compensation, or discipline. It also specifically includes the employee’s, name, address, birthdate, job title and job description, compensation, start date, job application, resume, performance evaluations, warning, probationary periods, waivers, and termination notices (see section 1 (C)).

The law also applies to records maintained by third-party HR or payroll vendors on behalf of the employer.

Why Employers Should Pay Attention

For employers, this law is more than just an access requirement. Employers will need to do the following:

• Create policies and procedures to ensure that requests for access are responded to within five business days.
• Create policies and procedures to ensure that employees are notified of potentially negative information within 10 days.
• Create policies and procedures for employees to request correction of any inaccurate information in a personnel file, and to ensure that employee’s responsive statements are incorporated into the personnel file and retained with it.
• Review document retention policies to make sure that all required records are stored in personnel files, and are retained for three years after termination.
• Update employee handbooks and internal procedures to make sure they are in compliance.
• Train supervisors and HR staff about law’s requirements, including the anti-retaliation provision.

Managers and supervisors may likewise require training regarding the law’s notice provisions. Performance evaluations, disciplinary memoranda, written warnings, or other documents that could negatively affect an employee’s employment status may trigger notification obligations, making consistent communication between supervisors and HR personnel increasingly important.

Failure to take such actions could result in expensive and embarrassing liability if the employer’s managers or other employees violate any of the provisions of the new law.

What Employees Need to Know

First, employees now have a statutory right to access their personnel file. The new law is intended to increase workplace transparency about records that may affect hiring, promotion, compensation, discipline, or termination decisions. It provides employees and former employees with a meaningful opportunity to review information maintained by their employers.

Second, employees now have a statutory right to request correction of any false information, and respond in writing if the employer does not agree to correct something. That written response becomes a part of the file. The law also provides that employees have the right to expunge any information that the employer knows or has reason to know is false, either through a collective bargaining agreement, employer policies and procedures, or the judicial process.

Third, employees have the right not to be retaliated against by their employer for exercising their rights under this law.

When to Consult an Attorney

Both employers and employees may benefit from consulting experienced employment counsel when questions arise regarding their rights and obligations under the statute. Employers may wish to seek legal guidance when developing personnel-file policies, responding to record requests, addressing disputed information, implementing notice procedures, or evaluating their compliance with the law’s retention and anti-retaliation requirements.

Employees may wish to seek legal guidance if they believe they have been denied access to personnel file, if they find inaccurate or misleading information in their personnel file, if they believe that have experienced retaliation for exercising their rights under this law, or if they have concerns about how their personnel file may be affecting employment decisions.

Obtaining legal advice early can help both employers and employees better understand the law, address potential disputes proactively, and reduce the risk of costly litigation.

A knowledgeable employment attorney can help you gain an understanding of the unique difficulties each workplace conflict presents and work toward a solution that benefits you. Tully Rinckey attorneys have the experience to assist both employers and employees in achieving their objectives, regardless of the matter, which may include discrimination, harassment, or any other claim involving worker rights or employer responsibilities. Call (888) 410-3641 or contact us online today for a consultation and get an advocate who will fight for your rights and help secure your career and your future.

 Jared Cook is a Senior Counsel in Tully Rinckey PLLC’s Rochester office, where he focuses his practice on federal and state labor and employment and commercial litigation.

[1] Alaska Stat. § 23.10.430; Cal. Lab. Code § 1198.5; Colo. Rev. Stat. § 8-2-129; Conn. Gen. Stat. § 31-128b; Del. Code. Ann., tit 19, § 732; 820 Ill. Comp. Stat. Ann. § 40/; Iowa Code § 91B.1; Me. Rev. Stat. Ann., tit. 26, § 631; Mass. Gen. Laws ch. 149, § 52C; Mich. Comp. Laws § 423.501; Minn. Stat. § 181.961; Nev. Rev. Stat. Ann. § 613.075; N.H. Rev. Stat. Ann. § 275:56; Or. Rev. Stat. Ann. § 652.750; 43 Pa. Stat. §§ 1321–1324; R.I. Gen. Laws §  28-6.4-1; Va. Code Ann. §  8.01-413.1; Wash. Rev. Code § 49.12.250; Wis. Stat. § 103.13.

[2] See Mass. Gen. Laws ch. 149, § 52C. New York’s law goes beyond the Massachusetts law in two main respects. First, the New York law applies to all employers, see sections 1(A) & (B), while the Massachusetts law excludes tenured teachers in private schools, and the recordkeeping provisions of the Massachusetts law only apply to employers with 20 or more employees, Mass. Gen. Laws ch. 149, § 52C. Second, the New York law also contains an explicit anti-retaliation provision, see section 8, while the Massachusetts law does not. The Massachusetts Supreme Judicial Court held in 2021 that employees terminated for exercising their right under the Massachusetts law to submit a rebuttal to negative information in their personnel file have a common-law cause of action for wrongful termination in violation of public policy, see Meehan v. Med. Info. Tech., Inc., 177 N.E.3d 217 (Mass. 2021), but the New York law creates a statutory right against retaliation that protects any retaliation, not just termination, see section 8.