On September 9, 2026, New York Governor Kathy Hochul signed Senate Bill S.3460 into law, expanding the rights for New York employees to access and respond to information contained in their personnel files. The law, which takes effect November 8, 2026, adds Section 210-b to the New York Labor Law (“Section 210-b”) and creates a statewide right for both current and former New York employees. Section 210-b applies broadly to private and public-sector employers.
Among other rights and requirements, Section 210-b: (i) provides employees with the right to access and review their personnel records; (ii) requires employers to notify employees when “negative information” is placed in their personnel file; and (iii) allows employees to dispute information contained in their file.
Who Is Covered?
The New York Labor Law, including Section 210-b, broadly applies to persons, partnerships, firms, associations, government bodies, and public and private corporations who do business in New York. Likewise, the New York Labor Law provides expansive protections to essentially all employees who work in the state, regardless of immigration status or employment type.
What Qualifies as a “Personnel Record”?
Section 210-b expansively 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.”
Personnel records, under Section 210-b, are not limited to a single physical folder and the law provides examples of information that shall be included in a personnel record for each employee:
- Name, address, and date of birth;
- Job title and description;
- Rate of pay and other compensation details;
- Resume, job application and starting date of employment;
- All performance evaluation documents, including, but not limited to, written warnings and probationary periods;
- Signed waivers;
- Dated termination notices; and
- Any documents related to disciplinary action regarding the employee.
Section 210-b clarifies that an employee’s personnel record is not limited to the above list, and other information or records may qualify to the extent the information is used, or may be used, to make employment-related decisions.
Employers are expressly prohibited from discharging, threatening, penalizing, or in any way discriminating or retaliating against an employee who exercises their rights under Section 210- b. Employers must also maintain any employee’s complete personnel record, without changes or deletions, from the first date of employment until three years after the employee’s termination date.
Access and Review of Personnel Records
Section 210-b gives employees the right to review their personnel record up to two times per calendar year. Once an employer receives a written request for access from the employee, it must furnish the requested personnel record within five (5) business days at no cost to the employee.
Notification of “Negative Information” Added to Personnel Record
If an employer places “negative information” within an employee’s personnel record, it must notify that employee within ten (10) days.[1]
Similar to the broad definition of a “personnel record,” S.3460 casts a wide net on what constitutes “negative information.” Although the law does not provide specific examples of “negative information,” it includes any information that “has been used or may be used, to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action.”
Right to Dispute Information Contained in Personnel Record
Section 210-b also sets forth a procedure if an employee disagrees with information contained in their personnel record.
If an employee disagrees with any information in the personnel record, the employee and employer can mutually agree to remove or correct such information. If an agreement is not reached, however, the employee may submit a written statement explaining their position. The employer must then add the written statement to the employee’s personnel record.
Penalties
Section 210-b provides for enforcement by the New York Attorney General, and states that employer violations may result in fines ranging from $500 to $2,500. In addition, workers who experience discrimination or retaliation for asserting their rights under Section 210-b have a private right of action.
Next Steps for Employers
With Section 210-b’s November 8, 2026 effective date fast approaching, New York employers should take the following steps to ensure compliance:
- Review the information they currently maintain as part of an employee’s personnel record and supplement or expand the record, if needed, to comply with the new law.
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Implement a system or process to ensure that each employee who requests their personnel record will be provided a copy within five (5) business days.
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Establish a system or process to ensure that each employee who has “negative information” placed in their personnel record is provided notice within ten (10) days.
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Confirm the organization’s current policies related to document retention and recordkeeping comply with the law’s requirements.
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Educate and train human resources personnel and employee supervisors to ensure compliance and understanding of new notice, disclosure, access anti-discrimination, and anti-retaliation requirements.
We will continue to monitor Section 210-b and provide additional information as it becomes available.
FOOTNOTES
[1] While Section 210-b does not specify whether the 10-day notice requirement is business or calendar days, employers should ensure they are able to notify employees within 10 calendar days.