New York Employers Face Significant New Personnel Record Requirements

On September 9, 2026, Governor Kathy Hochul signed into law Senate Bill S3460, which amends the New York Labor Law to provide current and former employees rights to access and dispute their personnel records. The law, which is modeled after Massachusetts' Personnel Record Law, represents a considerable change for all New York employers, which previously had no legislation regulating personnel records or requiring disclosure to employees. The law goes into effect on November 8, 2026.

This Alert outlines the primary requirements of this significant legislation as it stands today. In an Approval Memorandum accompanying her signing this bill into law, the Governor recognized that there remain substantial ambiguities that need to be resolved "to avoid uncertainty for both employers and employees including clarifying that employers are not required to create a personnel file or produce new documents beyond the records they currently maintain, and that personnel files only include records or documents used to determine an employee's qualifications for hiring, retention, promotion, transfer, additional compensation, or disciplinary action." The Governor therefore signed the bill into law on the condition that the ambiguities would be addressed in the next legislative session.

We are continuing to monitor and will provide updates on any further amendments or clarifications to the law.

Notification and Access Requirements

Under the law, public and private employers are required to notify an employee within ten days of the employer placing in the employee's personnel record any information that has been 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."

Within five business days of a written request from a current or former employee, employers are required to provide such employee with a copy of the employee's personnel record, at no cost to the employee. 

Employers must permit employees at least two reviews of their personnel record per calendar year, though any review caused by the addition of negative information in the personnel record, discussed above, is not counted toward that limit.

Information Disputes

The law provides employees with the right to dispute any information contained in their personnel record. If there is a disagreement regarding any information contained in the record, the employer and employee may mutually agree to remove or correct such information. If an agreement cannot be made, the employee may submit a written statement explaining the employee's position, which must become part of the personnel record.

Employer Recordkeeping Requirements

The law requires employers to retain the complete personnel record of any employee for three years after the termination of the employee's employment.

Scope of the Law

Definition of "Personnel Record": The term "personnel record" is defined as any "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." The law goes on to say "all of the following written information or documents to the extent prepared by an employer regarding an employee shall be included in the personnel record for that employee:"

• the employee's name, address and date of birth
• the employee's job title and description
• the rate of pay and any other compensation paid to the employee
• the starting date of employment
• the job application and resumes of the employee
• employee performance evaluations, including "employee evaluation documents"
• written warnings of substandard performance
• lists of probationary periods
• waivers signed by the employee
• dated termination notices
• other documents relating to disciplinary action

Notably, as written now, records maintained by third-party vendors (which may include, for example, HR and payroll platforms) are also included in this definition.

The law includes a carveout for personal information about a person other than the employee "if disclosure of the information would constitute a clearly unwarranted invasion of such other person's privacy."

Superseding Effect: The law does not supersede the terms of a collective bargaining agreement, provided that such agreement provides at least "substantially similar access" to the employee’s personnel record as provided under the law.

Civil Penalties and Remedies

The law will be enforced by the attorney general, with fines ranging from $500 to $2,500 per violation.

The law provides protections against discrimination and retaliation for employees exercising their rights under the law. Employees also have the right through a collective bargaining agreement, other personnel procedures, or judicial process to expunge information from a personnel record that an employer knew or should have known to be false.

Recommendations and Key Takeaways for Employers

Despite the aforementioned ambiguities, with the law going into effect in less than sixty days, New York employers should begin preparing now for compliance, including by reviewing (and likely updating) their policies and procedures with respect to personnel records; identifying what documents are maintained in such records; establishing procedures to timely comply with the notification requirements and respond to employee requests for personnel records within five business days; and training all human resources professionals and supervisors on these new requirements.

A link to the law is available here: NY State Senate Bill 2025-S3460.

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For more information about this issue or other employment matters, please contact:

Carol M. Goodman at +1 212 592 1465 or [email protected]
Basil C. Sitaras at +1 212 592 1572 or [email protected]
Alexandra L. Forbes at +1 212 592 1598 or [email protected]

© 2026 Herrick, Feinstein LLP. HERRICK® is a registered trademark of Herrick, Feinstein LLP. This alert is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. The information is not intended as legal advice or legal opinion and should not be construed as such.