New York Requires Employers to Give Workers Access to Their Personnel Files
New York law requires employers to provide employee access to personnel records starting Nov 8, 2026.
Why it matters: This law affects HR practices and employee rights across New York, demanding timely access and transparency. Employers must revise policies to avoid penalties.
- Governor Kathy Hochul signed Senate Bill S3460 into law on Sept 9, 2026.
- Law takes effect Nov 8, 2026, requiring access within five business days of written requests.
- Employees may request their personnel records twice per year; employers must keep records for three years post-termination.
- Employers must notify employees within 10 days of adding negative info affecting employment; penalties for non-compliance range from $500 to $2,500.
On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460 into law, granting employees in New York State the right to access their personnel records. The law, effective November 8, 2026, applies to both public and private sector employees. Davis Wright Tremaine LLP highlights that employers must adjust policies to comply.
Under the new requirements, employers must provide access to the personnel file within five business days of receiving a written request and are limited to two such requests per employee per calendar year. Employers are also obligated to keep personnel records for at least three years following an employee’s separation to ensure record availability.
Additionally, employers must notify employees within ten days after placing information in the personnel record that could negatively impact the employee's qualifications for employment, promotion, transfer, or disciplinary action. This transparency requirement aims to give employees timely awareness of adverse entries.
The law contains anti-retaliation protections safeguarding employees who exercise their right to access these records. Penalties for employers failing to comply with the law range from $500 to $2,500, making adherence critical.
Legal experts Kerry Burns and Roy P. Salins advise employers to review existing personnel file policies and set clear procedures to comply fully with the new mandates.
By the numbers:
- November 8, 2026 — Law effective date
- 5 business days — Employer response time for records requests
- 2 requests per year — Employee access limit
- $500–$2,500 — Penalties for employer non-compliance
Yes, but: The law does not clarify procedures for employees disputing or correcting information in personnel files, nor does it specify if it applies to independent contractors.
What's next: Employers should update compliance programs ahead of the November 8 effective date to avoid penalties.