Employers keep records.
Performance reviews. Written warnings. Disciplinary notices. Compensation information. Termination documents.
But employees may not always know exactly what is sitting in their personnel file.
New York is changing that.
Governor Kathy Hochul signed Senate Bill S3460 into law on September 9, 2026. The new law adds Section 210-b to the New York Labor Law and gives current and former employees new rights to access their personnel records.
It also creates new obligations for employers.
Here is what New York businesses should know.
What Counts as a Personnel Record?
The law defines personnel records broadly. Generally, the term covers records that identify an employee and are used, have been used or may be used to determine employment, promotion, transfer, additional compensation or disciplinary action. That can include job applications, resumes, performance evaluations, written warnings, probationary records, termination notices and disciplinary documents.
It can also cover records maintained by a third party under contract with the employer. That matters as businesses increasingly rely on outside vendors for HR and other employment-related functions.
Employees Can Request Their Files
Current and former employees will have the right to access their personnel records. Once an employer receives a written request, it generally must provide a copy within five business days. The copy must be provided at no cost. Employers generally do not have to permit more than two employee-initiated reviews per calendar year.
There is an important exception.
A review prompted by negative information being placed in an employee’s file does not count against the two-review limit.
Negative Information Triggers Another Requirement
The law does more than provide access.
Employers must notify an employee within ten days after placing certain negative information in the employee’s personnel record.The requirement applies when that information is, has been or may be used to negatively affect the employee’s employment, promotion, transfer, additional compensation or potential disciplinary action.That could change how businesses handle performance documentation.
Employers may need procedures for determining when information triggers the notice requirement and ensuring employees receive timely notice.
Employees Can Respond
Employees also get an opportunity to challenge information in their files.
If an employee disagrees with a record, the employer and employee may agree to correct or remove it. If they cannot reach an agreement, the employee may submit a written statement explaining their position. That statement becomes part of the personnel record. If the disputed information is later sent to a third party, the employee’s statement generally must accompany it while the original information remains in the file. The law also provides a mechanism for addressing information that an employer knew or should have known was false.
Employers Must Keep the Records
The statute also creates a retention requirement.
Employers must maintain the complete personnel record throughout employment and for three years after the employment relationship ends. That makes good recordkeeping even more important.
Businesses should know what qualifies as a personnel record, where those documents are stored and who has authority to place information in an employee’s file.
What Happens if an Employer Gets It Wrong?
The law has enforcement mechanisms.
Violations may result in fines ranging from $500 to $2,500, with enforcement authority given to the New York Attorney General. The statute also prohibits employers from discharging, threatening, penalizing, discriminating or retaliating against employees for exercising their rights under the law. An employee asking to see a personnel file is exercising a statutory right. Employers should make sure the request itself does not influence later employment decisions.
What Should New York Employers Do Now?
Employers should consider reviewing their personnel-file practices before the law takes effect.
That starts with identifying which documents qualify as personnel records and where those documents are stored.
Businesses should also establish a process for responding to written requests within five business days and notifying employees when negative information is added to their files.
Managers and HR personnel should understand those requirements. A supervisor who documents a performance problem may unknowingly trigger obligations under the new law.
Employers using outside HR or recordkeeping vendors should review those arrangements too. Keeping employment information with a third party does not necessarily put it outside the statute.
Finally, businesses should review their retention policies to ensure covered records remain available during employment and for three years afterward.
The Bottom Line
Personnel files have traditionally operated largely behind the scenes.
New York’s new law brings more of that information into the open.
Employees will have greater visibility into records that may affect their careers. Employers will face new deadlines, notice requirements and recordkeeping responsibilities.
For businesses, the practical question is no longer simply whether they maintain personnel files.
It is whether they know what is in them, who puts information there and how quickly they can produce them when an employee asks.
Businesses navigating New York’s changing employment laws may benefit from reviewing their policies and procedures with experienced counsel. Romano Law advises employers on workplace policies, compliance and other employment-related matters.
Contributions to this blog by Kennedy McKinney.
