New York: Personnel file access law signed by Governor

At a glance

• On September 9, 2026, New York Governor Kathy Hochul signed Senate Bill 2025-S3460, adding Section 210-b to the New York Labor Law. The law takes effect on November 8, 2026.
• Section 210-b requires employers to provide employees with access to their personnel records upon request, notify them of negative information added to those records, and include certain categories of employee-related information in those records.
• To ensure compliance, employers are encouraged to review and update their personnel record policies and procedures before the November 8, 2026 effective date.

Section 210-b requirements

As of November 8, 2026, Section 210-b of the New York Labor Law will create a comprehensive framework governing employee access to personnel records. The law imposes several new requirements on employers, including:

• Employers must provide employees (including former employees) with a copy of their personnel records, at no cost, within five business days of receiving a written request. Employers are not required to allow more than two reviews per calendar year, although reviews prompted by the employer placing negative information in the file do not count toward this limit. 'Personnel record' is broadly defined 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.'
• Employers must notify employees within ten days of placing any information in personnel records that is, has been used, or may be used to negatively affect the employees’ qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.
• Employers must include in employees’ personnel records all written information or documents that fall within certain enumerated categories.  The categories include the following employee information: name, address, date of birth, job title, job description, rate of pay and other compensation, starting date of employment, job application, resumes, performance evaluations and evaluation documents, written warnings of substandard performance, lists of probationary periods, signed waivers, copies of dated termination notices, and any other documents relating to disciplinary action.
• If an employee disagrees with information in their file, the employer and employee may agree to remove or correct it. If no agreement is reached, the employee may submit a written statement of their position, which becomes a permanent part of the record and must be included when the information is shared with third parties.
• Employers must retain complete personnel records, without deletions or expungement, from the date of hire through three years after the employee’s termination.
• Employers may not retaliate against employees who exercise their rights under the law.

Enforcement and penalties

Violations are subject to fines ranging from USD500 to USD2,500 per violation, enforced by the New York Attorney General. Employers that knowingly place false information in a personnel record may be subject to additional remedies.

Notably, the law does not supersede the terms of a collective bargaining agreement, provided the agreement gives employees at least substantially similar access to their personnel records as required by Section 210-b.

Key takeaways

Employers are encouraged to:

• Review and update personnel record policies to ensure compliance with the new access, notification, and retention requirements of Section 210-b.
• Establish or refine internal procedures for responding to employee access requests within the five-business-day deadline, including designating responsible personnel and creating tracking mechanisms.
• Audit current record-keeping practices to confirm that personnel records contain all statutorily required documents (including performance evaluations, written warnings, and disciplinary records), are maintained in the required format (typewritten, printed, or handwritten in indelible ink), and that retention periods meet the three-year post-termination standard.
• Train human resources staff and managers on the new notification obligations – particularly the ten-day notice requirement when negative information is added to an employee’s file – and the anti-retaliation protections.