Personnel Records
On September 9, 2026, Gov. Kathy Hochul signed Senate Bill S3460 (Chapter 293), adding new Section 210-b to the NY Labor Law. The law grants private- and public-sector employees and former employees the right to access and dispute their personnel records. It takes effect on November 8, 2026, sixty days after signing.
Key Employer Obligations
- Notification of Negative Information. Employers must notify an employee within 10 days of placing any information in the employee's personnel record that is, has been, or may be used to negatively affect the employee's qualifications for employment, promotion, transfer, additional compensation, or the possibility of corrective action.
- Records Access. Upon written request, employers must provide a free copy of the employee's personnel record within five business days. The law covers both current and former employees.
- Annual Reviews. Employees are entitled to at least two reviews of their personnel record per calendar year; reviews triggered by the addition of negative information do not count toward that limit.
- Retention. Employers must retain the complete personnel record from the date of employment through three years following termination of employment.
What Constitutes a "Personnel Record"
A "personnel record" is a record kept by an employer or its contracted agent that identifies an employee, to the extent it is used or may affect the employee's qualifications for employment, promotion, transfer, additional compensation, or corrective action. It expressly includes: name, address, and date of birth; job title and description; rate of pay and other compensation; starting date of employment and dated termination notices; job applications and resumes; waivers signed by the employee; performance evaluations; written warnings of substandard performance; probationary periods; and other documents related to corrective action. The record excludes personal information about a person other than the employee where disclosure would constitute a clearly unwarranted invasion of that other person's privacy.
Employee Dispute Rights
If an employee disputes information in the record, the employer and employee may mutually agree to correct or remove it. If they do not agree, the employee may submit a written statement of position, which becomes part of the record and must accompany the information when transmitted to a third party. Employees also have a remedy to seek expungement of information that the employer knew or should have known was false.
Anti-Retaliation and Enforcement
The law prohibits employers from discharging, threatening, penalizing, or otherwise retaliating against employees who exercise their rights under Section 210-b. Violations are punishable by fines of $500 to $2,500, and the law is enforced by the New York State Attorney General.
Collective Bargaining Savings Clause
The law does not supersede the terms of a collective bargaining agreement, provided that the agreement provides at least substantially similar employee access to personnel records.