New York Governor Signs Employee Personnel Records Access Law

Seyfarth Synopsis: Governor Kathy Hochul has signed legislation requiring New York employers to provide current and former employees with access to their personnel records.  The law also imposes new notice, recordkeeping, and anti-retaliation requirements.  The law takes effect on November 8, 2026, leaving employers approximately 60 days to prepare for compliance.

On September 9, 2026, Governor Hochul signed S3460 into law as Chapter 293 of the Laws of 2026.  The law adds Section 210-b to the New York Labor Law and applies broadly to public and private employers.

As previously discussed here, the law generally requires employers to provide current and former employees with a copy of their personnel records within five (5) business days of a written request, at no cost to the employee.  Employers also must notify employees within ten (10) days after placing information in a 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 disciplinary action.

The law further permits employees to respond to disputed information, requires employers to retain personnel records throughout employment and for three years thereafter, and prohibits retaliation against employees who exercise rights under the statute.  Violations are punishable by fines ranging from $500 to $2,500, and the law is enforced by the New York Attorney General.

Four Provisions Employers Should Keep in Mind 

Although the five-business-day production deadline is likely to receive significant attention, several other provisions warrant consideration before the law takes effect.

1. “Personnel record” is defined broadly.  The statute extends beyond traditional personnel files and encompasses certain records maintained by third-party vendors that contract with employers to keep or supply personnel records.  Employers should therefore consider not only records maintained internally, but also employee information maintained through HR, payroll, and other personnel-administration providers.  The law also excludes certain personal information concerning other individuals where disclosure would constitute a clearly unwarranted invasion of privacy.
2. The law limits routine reviews but creates an exception for negative information.  Employers are not required to permit an employee to review the employee’s personnel record more than twice per calendar year.  A notification and review resulting from the placement of negative information in the record does not count toward that limit.
3. Employees may challenge information in their records.  An employer and employee may agree to correct or remove disputed information.  If they do not reach an agreement, the employee may submit a written statement explaining the employee’s position, which becomes part of the personnel record and must accompany the disputed information when it is transmitted to a third party, so long as the original information remains in the file.  Employees also may seek expungement through an applicable collective bargaining agreement, other personnel procedures, or judicial process if an employer placed information in the record that it knew or should have known was false.
4. The anti-retaliation protections are broad.  The law prohibits employers and other persons from discharging, threatening, penalizing, discriminating, or retaliating against employees who exercise their statutory rights.  The provision expressly encompasses certain immigration-related threats or actions directed at employees or their family or household members.

Next Steps for Employers

Before November 8, 2026, employers should consider reviewing their personnel-record practices, retention procedures, and employee-request protocols.  Employers also should evaluate whether covered records maintained by third-party providers can be identified and produced within five business days and establish procedures for providing required notices and handling disputed information.  Employers may also wish to train HR personnel and managers on the law’s access, notice, retention, and anti-retaliation requirements.

Please reach out to the authors, or your Seyfarth attorney, with any questions.