New York Employers Face New Employee Record Requirements Effective November 8, 2026

As of this week, New York employers face new requirements governing employee access to personnel files, notification of negative information, and record retention.


Signed by Governor Kathy Hochul on September 9, 2026, Senate Bill S3460 adds Section 210-b to the New York Labor Law. The law applies to public and private employers, regardless of size, and establishes new rights for current and former employees to access and challenge information in their personnel records.

Key Requirements for Employers

  1. Access to Personnel Records
    Employers must provide current and former employees with copies of their personnel records, free of charge, within five business days of a written request. Access is generally limited to twice per calendar year, with certain exceptions.
    Covered records may include compensation information, performance evaluations, disciplinary notices, and termination documents, including records maintained by third-party providers.
  2. Notification of Negative Information
    Employers must notify employees within 10 days of adding information to their personnel records that has been or may be used to negatively affect employment, promotions, compensation, transfers, or disciplinary decisions.
  3. Right to Challenge Information
    Employees may dispute information in their records. If the employer and employee cannot agree on a correction or removal, the employee may submit a written rebuttal that becomes part of the record and generally must accompany the disputed information when shared with third parties.
  4. Record Retention
    Employers must maintain personnel records throughout employment and for three years following separation, unless a longer retention period applies.
  5. Anti-Retaliation Protections and Penalties
    The law prohibits retaliation against employees exercising their right to access personnel records. Violations may result in fines ranging from $500 to $2,500 per violation, enforceable by the New York State Attorney General.

What Employers Should Do Now

Employers should review their existing policies and procedures to ensure they meet the new requirements. Key steps include:

  • Review personnel records: Identify covered documents, including those maintained by third-party providers.
  • Establish request procedures: Ensure records can be provided within five business days.
  • Update notification practices: Implement procedures for the 10-day notification requirement and employee rebuttals.
  • Review retention policies: Confirm records are maintained for the required period.
  • Train HR personnel and managers: Communicate the new obligations and deadlines.

Anticipated Legislative Changes

Governor Hochul has indicated that clarifying amendments are expected during the 2027 legislative session, potentially addressing the scope of covered records and employer obligations.

Preparing for Compliance

The new law will affect how New York employers maintain personnel files, document employment decisions, and respond to employee requests. Reviewing existing practices before the effective date can help identify compliance gaps and reduce potential exposure.

For guidance on the new requirements and their implications for your workplace, contact KMWB Labor & Employment Partner Jack Malley.