On September 9, 2026, Governor Hochul signed into law S3460, creating new rights for current and former New York employees to access and respond to information maintained in their personnel records. Effective November 8, 2026, the new law broadly defines “personnel records,” establishes deadlines for responding to requests for records, requires notice when certain negative information is placed in an employee’s file, creates procedures for employees to dispute or respond to information in personnel records, and authorizes penalties for noncompliance.
COVERAGE
Employees: The law covers both current and former employees.
“Personnel Records”: The law broadly defines “personnel records” to include records that identify an employee that are used or may be used to affect an employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. It also includes personnel records maintained by third parties that contractually agree with the employer to keep or supply such records.
Personnel records include the following documents or information prepared by the employer, which must be maintained in type-written or printed form or handwritten in permanent ink:
- Employee name, address, date of birth
- Job title and description
- Rate of pay and other compensation
- Employment start dates
- Job applications
- Resumes and employment inquiries in response to an employer’s advertisement
- Employee evaluations
- Written warnings
- Lists of probationary periods
- Waivers signed by the employee
- Dated termination notices
- Documents related to disciplinary actions
Record Exclusions: Records that contain information of a personal nature about a person other than the employee such that disclosure would constitute a “clearly unwarranted invasion” of such other person’s privacy.
STATUTORY TIMELINES
10-Day Notice Requirement: Employers are required to notify an employee within 10 days of placing any information that is used or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action.
5-Day Response Requirement: Employers must provide current and former employees with a copy of their personnel record within five business days of receiving a written request to access their personnel record.
EMPLOYER OBLIGATIONS
Two Annual Reviews: Employers must permit employees to review their personnel records on up to two occasions per calendar year. Requests resulting from the placement of negative information in a personnel file do not count toward this limit.
Information Disputes: If an employer and employee disagree on information contained in a personnel record, the employer and employee may mutually agree on removal or correction of the disputed information. If an agreement is not reached, the employee may submit a written statement explaining their position, which must be included in their personnel file. The statement must be included when the information is transmitted to a third party, so long as the original information remains part of the file.
Expungement of False Information: If an employer places information in the personnel file that it knew or should have known is false, the employee may seek expungement through a collective bargaining agreement, other personnel procedures, or judicial process.
Record Retention: Employers must retain personnel records without deletions or expungements from the date of employment to three years after the termination of employment.
Maintenance of Written Personnel Policy: Employers with a written personnel policy regarding terms and conditions of employment must continuously maintain such policy at the office where personnel matters are administered.
Collective Bargaining Agreements: The law does not supersede a collective bargaining agreement if it provides “substantially similar access” to personnel records.
ENFORCEMENT AND PENALTIES
Violations: The New York Attorney General will enforce the law and may impose fines for violations ranging from $500 to $2,500.
Anti-Retaliation: The law prohibits employers from discharging, threatening, penalizing, or otherwise discriminating or retaliating against an employee for exercising their rights.
EMPLOYER TAKEAWAYS
The new law establishes comprehensive employee rights to access personnel records and will require employers to reassess existing recordkeeping, retention, and response procedures. To mitigate risk, employers should consider the following:
- Audit personnel records and recordkeeping practices to identify records covered by the law and information that may be excluded based on privacy, privilege, or other applicable protections.
- Review personnel record practices and record locations to identify where employee records are maintained, who has access to them, and whether responsive records are held by managers, vendors, or other third parties.
- Establish a process for responding to personnel record requests that allows records to be identified, reviewed, and produced within the required timeframe.
- Implement procedures and policies for notifying employees about negative information placed in personnel files and train managers and HR personnel on any notice obligations.
- Review record-retention and vendor-management practices to ensure personnel records are preserved, readily accessible, and retrievable from third-party providers when needed.
- Train HR and management personnel and coordinate with counsel to ensure compliance with access, notice, retention, privacy, confidentiality, and privilege requirements before producing employee records.
If you have any questions relating to requirements under the new law or would like assistance reviewing your personnel records protocol, please feel free to reach out to the Nukk-Freeman & Cerra Attorney with whom you typically work or call us at 973.665.9100 or 619.292.0515.