New York's Updated Personnel Records Law Takes Effect Nov 8
New York law mandates quick, free employee access to personnel records starting Nov 8, 2026.
Why it matters: Employers and legal teams in New York must swiftly adjust record-keeping processes to comply and avoid fines. This law increases employee transparency and impacts hiring, HR, and compliance workflows.
- Governor Kathy Hochul signed Senate Bill S3460 into law on Sept 9, 2026, adding Section 210-b to NY Labor Law.
- Employees can request personnel records and must receive copies within five business days at no cost.
- Employers must notify employees within 10 days if negative info is added to records.
- Personnel records must be kept during employment plus three years after termination, with penalties of $500–$2,500 per violation.
On September 9, 2026, New York Governor Kathy Hochul signed Senate Bill S3460, introducing Section 210-b to the state's Labor Law. This legislation gives current and former employees the right to access and obtain copies of their personnel records for free within five business days of a written request. The law takes effect on November 8, 2026, creating new compliance requirements for employers.
Personnel records are broadly defined, encompassing any documented evaluation of an employee's qualifications for hiring, promotion, compensation, or disciplinary action. Employers must retain such records for the duration of employment plus an additional three years after termination.
Additionally, if an employer adds any negative information to an employee's personnel file, they must notify the employee within ten days. Employer retaliation against employees exercising their access rights is prohibited, adding a layer of employee protection.
Governor Hochul clarified that the law does not compel employers to generate new documents or files beyond what they already maintain, reducing potential ambiguity. Violations can lead to civil penalties enforced by the New York Attorney General, ranging from $500 up to $2,500 per violation.
This law aligns New York with states like Massachusetts and California that have similar employee record access statutes. It represents a significant step toward enhancing transparency and accountability in employment practices within the state.
By the numbers:
- 5 business days — maximum time for employers to provide personnel records after request
- 10 days — employer notification window for negative personnel file additions
- 3 years — duration employers must retain personnel records post-termination
- $500 to $2,500 — range of civil penalties per violation
Yes, but: The law does not specify procedures for disputing inaccurate personnel records or the applicability to out-of-state employees of New York-based employers.