New York Enacts Broad Employee Access Rights to Personnel Records

On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460 (A.2107), creating for the first time a statewide right for New York employees and former employees to access, review, and challenge information contained in covered personnel records. The legislation significantly expands public and private employer obligations regarding personnel records, including record retention, disclosure, notice, and access rights.

The new law amends the New York State Labor Law and is scheduled to take effect on November 8, 2026. However, when signing the bill, Governor Hochul required a Chapter Amendment,¹ which will oblige the legislature to amend the bill to address: 

ambiguities that needed to be resolved to avoid uncertainty for both employers and employees, including clarifying that employers are not required to create a personnel file or produce new documents beyond the records they currently maintain, and that personnel files only include the records or documents used to determine an employee’s qualifications for hiring, retention, promotion, transfer, additional compensation or disciplinary action.

As such, the legislature will be required to amend the bill by the end of the next legislative session—which begins in early January 2027. As a result, the current version of the bill, described below, will become effective November 8, 2026, and remain in effect until the legislature enacts the Chapter Amendment in early 2027.

What the New Law Requires

Under the new law, employers will be required to:

• Provide employees and former employees with a copy of their personnel records within five business days of receiving a written request.
• Permit employees to review their personnel records at least twice per calendar year.
• Notify employees within 10 days when negative information is placed in their personnel record that may affect employment, promotion, transfer, compensation, or disciplinary decisions.
• Maintain personnel records throughout employment and for at least three years following separation from employment.
• Allow employees to submit written responses disputing information contained in their personnel records.

What Constitutes a “Personnel Record”?

The law broadly defines a “personnel record” as “a record kept by an employer that identifies an employee, to the extent that the record is used or 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 definition also encompasses covered records possessed by a person or entity that has a contractual agreement with the employer to keep or supply personnel records.

Examples of records likely covered by the law that constitute part of an employee’s “personnel record” include:

• Employment applications and resumes;
• Job titles and descriptions;
• Compensation information;
• Employment start dates and dated termination notices;
• Employee evaluations and performance reviews;
• Written warnings of substandard performance;
• Written warnings regarding discipline and other disciplinary action documents;
• Records regarding probationary periods; and
• Employee-signed waivers. 

Importantly, as also noted above, a future legislative session could further limit personnel records to those “used to determine an employee’s qualifications for hiring, retention, promotion, transfer, additional compensation, or disciplinary action.” 

The law as written currently says the personnel record shall be maintained by the employer in a type-written or printed form, or may be handwritten in ink. However, as also noted further below, there is the possibility that the law may be amended to clarify that an employer is not obligated to affirmatively create a personnel record.

The law excludes from the definition of a personnel record certain information of a personal nature that if disclosed, would constitute an unwarranted invasion of 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. 

Notice Requirement for Negative Information Added to Personnel Record

One of the most significant and burdensome aspects of the legislation is its affirmative notification requirement. Employers must notify employees within 10 days whenever information is added to a personnel record that has been used, or may be used, to negatively impact the “employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action.” The law does not define what constitutes “negative” information or prescribe the manner by which notice must be provided. As the law’s definition of “personnel record” is expansive, and the state has not issued guidance on any potential limits at this time (and the terms of the Chapter Amendment have not been memorialized), employers should carefully consider whether, for example, “informal” written feedback about substandard performance may nonetheless constitute a “personnel record” and necessitate notification under the law.

Employee Access to and Review of Personnel Records

The law provides employees with an opportunity to review their personnel records. An employer is not required to permit employees to review their personnel record on more than two separate occasions during a calendar year. However, if the review is prompted by the placement of negative information in an employee’s personnel record after the employee has been notified about the information, such review will not count toward the annual review limit.

In addition, under the law, current and former employees may request a copy of their personnel records by submitting a written request to the employer. After receiving a written request, employers must provide employees or former employees with a copy of their personnel record within five business days. 

Employee Right to Dispute Personnel Records

The new law also establishes a process for employees to challenge information contained in their personnel records. Specifically, if an employee disagrees with information maintained in the record, the employer and employee may mutually agree to amend or remove the disputed information. The law does not set forth the minimum requirements for such a dispute resolution process, including any timelines for communications. If no agreement is reached, the employee may submit a written statement explaining their position, which must become part of the personnel record. The law provides that employees have a remedy through a collective bargaining agreement, if applicable and the agreement does not otherwise supersede the law, other personnel procedures, or judicial process to have information expunged that an “employer knew or should have known to be false.” The law, however, does not delineate the procedures underlying such judicial process. 

Collective Bargaining Agreements

For employees covered by a collective bargaining agreement, the law will not supersede the terms of a collective bargaining agreement so long as the agreement “provides at least substantially similar access by an employee to their personnel records” as that provided by the law. The law does not provide any indication regarding what constitutes “substantially similar access” for the purposes of collective bargaining.

Anti-Retaliation Protections

The law prohibits employers from discharging, threatening, penalizing, discriminating against, or retaliating against employees for exercising rights under the statute. The law’s anti-retaliation provision also specifically addresses immigration-related conduct, such as threatening to contact or contacting immigration authorities or threatening to report the immigration status of an employee or the employee’s family.

Personnel Record Retention Requirements

Under the law, employers are required to retain an employee’s personnel records from the date of employment until three years after separation from employment without deletions or expungement. However, employers should be aware that other applicable federal, state, or local laws may require certain personnel records, to be retained for longer periods.

Enforcement and Penalties

The law authorizes fines of not less than $500 and not more than $2,500 for violations. It also provides for enforcement by the New York Attorney General. 

Further Legislative Clarification Is Expected

As noted above, in an approval memorandum accompanying her signing of the bill into law, Governor Hochul noted that the law, as drafted, contains ambiguities that should be resolved to provide greater certainty for employers and employees. The governor explained that she had reached an agreement with the New York State Legislature to address these issues during the upcoming legislative session. Accordingly, employers should closely monitor further legislative developments, particularly any developments regarding a Chapter Amendment that may clarify the law’s scope and application and address any retroactivity of the amendment. 

Next Steps

With the November 8, 2026, effective date approaching, employers should begin preparing now by considering the following steps:

• Identify what records they currently maintain and assess which records may fall within the statute’s current definition of a personnel record. 
• Assess record retention policies and those of third-party providers, such as payroll providers and professional employer organizations.
• Review existing policies and procedures to ensure they can respond to written requests for personnel records within the five-business-day deadline.
• Develop protocols for providing timely notice when negative information is added to an employee’s personnel records.
• Review applicable collective bargaining agreements and determine whether existing contractual procedures provide substantially similar access provided for under the law.
• Train human resources personnel and managers to ensure compliance with the new notice, access, disclosure, and anti-retaliation requirements.

Littler will continue to monitor developments and provide updates on any amendments to the law and any guidance issued to assist with compliance.