On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460 into law, granting current and former employees broad rights to access and challenge information in their personnel records. The law, of which several states have similar versions, also imposes new disclosure, notice, retention, and anti-retaliation obligations on public and private employers throughout New York.
The law broadly defines a “personnel record” as any record maintained by an employer that identifies an employee and is used, has been used, or may be used to evaluate the employee’s qualifications, promotion, transfer, compensation, or discipline.
Under the new law, an employer must notify an employee within ten days after placing negative information in the employee’s personnel record. An employee may review his/her/their personnel record up to twice a year, and obtain a copy at no cost.
Employees may dispute information in their personnel records and request its correction or removal, and may place rebuttal information in their file.
Employers must retain personnel records throughout an employee’s employment and for three years after termination. The law prohibits retaliation against employees who exercise their rights and authorizes civil penalties ranging from $500 to $2,500 per violation.
The new requirements take effect on November 8, 2026. Before then, employers should review their recordkeeping policies and practices, establish procedures for responding promptly to written access requests, and implement a process for notifying employees when potentially adverse information is added to their personnel records.
