On September 9, 2026, New York Governor Kathy Hochul signed into law Senate bill S3460, which amends the New York Labor Law to add §210-b and gives current and former employees the right to access their own personnel records and dispute information in their personnel records, among other rights. Importantly, §210-b also imposes an affirmative obligation on employers to provide notice within 10 days of placing certain negative information in the employee’s personnel records.
November 8th Effective Date and 2027 Chapter Amendment Revisions
Although the new law takes effect on November 8, 2026, while signing the bill the Governor said certain ambiguities need to be addressed. As has been widely reported, these clarifications include that employers are not required to create personnel records or produce new documents beyond the records they normally maintain, and that such files only include records or documents used to determine an employee’s qualifications for hiring, retention, promotion, transfer, additional compensation, or disciplinary action. Governor Hochul stated she already has negotiated an agreement with the New York State Assembly and Senate to clarify these ambiguities in a chapter amendment during the next legislative session in early 2027. However, to date the text of the chapter amendments has not been published.
Prompt and Cost-Free Access
Under §210-b, an employer, including any governmental entity or public employer, is required to provide a complete copy of an employee’s personnel records within five business days of receiving a written request at no cost to the employee. Employers can limit employees to two requests each calendar year, but this cap does not apply to requests based on negative information added to the employee’s personnel records as explained below.
Broad Definition of “Personnel Record”
As enacted, §210-b defines “personnel record” broadly as any record maintained by an employer that identifies an employee and currently is, has been, or in the future may be used to impact an employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action, including, without limitation, the following:
- the name, address, date of birth, job title, and description;
- the job application, resumes or other forms of employment inquiry submitted by the employee to the employer in response to the employer’s advertisement;
- starting date of employment;
- rate of pay and any other compensation paid to the employee;
- all employee performance evaluations, including but not limited to, employee evaluation documents;
- written warnings of substandard performance, lists of probationary periods, and any other documents relating to disciplinary action regarding the employee;
- waivers signed by the employee; and
- copies of dated termination notices.
Affirmative Duty to Notify Employees of Negative Information
Significantly, §210-b imposes an affirmative duty on employers to notify their employees within 10 days of placing any information that negatively affects the employee’s qualifications for employment, promotion, transfer, or additional compensation or creates the possibility that the employee will be subject to discipline.
Right to Dispute Information in the Personnel Records
If an employee disagrees with any information contained in their personnel records, the employee has a statutory right to submit a written statement explaining their position, which becomes part of their personnel records. The employee’s rebuttal must be included when the information is transmitted to a third party as long as the original negative information is part of the employee’s personnel records.
Record Retention Requirements
Under §210-b, employers have to retain complete personnel records for at least three years after an employee’s termination of employment. An employee handbook, referred to as “a written personnel policy regarding the terms and conditions of employment,” as amended from time to time, has to be maintained at the office of the employer where personnel matters are administered.
Collective Bargaining Agreements
§210-b does not supersede the terms of a collective bargaining agreement, provided that such union contract provides at least substantially similar access to personnel records.
Retaliation Protection and Enforcement
The law prohibits employers from discharging, threatening, penalizing, or discriminating against employees for exercising their rights under §210-b. Violations of §210-b may be subject to fines ranging from $500 to $2,500 per violation. The New York State Attorney General has enforcement responsibility.
Next Steps
With the November 8th effective date fast approaching, employers must start to prepare now so they are able to comply with their obligations under §210-b, including inventorying documents that fall within §210-b’s current definition of personnel records, determining where those documents are located, such as on-site files, cloud-based HR systems, and manager inboxes, building a response request process, developing a negative information notification protocol, and reviewing and potentially updating personnel records retention policies.
Given the yet unpublished negotiated 2027 chapter amendment, employers must be alert for future changes. Stay tuned.
