On September 9, New York Governor Kathy Hochul signed Senate Bill No. 3460 into law, amending New York’s labor law to expand employees’ access to their personnel records. The law officially took effect on November 8, 2026.
The new law imposes notification, access, and retention obligations on nearly all employers, including “any individual, corporation, partnership, labor organization, unincorporated association, or any other legal business, including any governmental entity or public employer.” Importantly, the law’s definition of “employee” includes both current and former employees.
Below, KingSpry Employment Law and Litigation Attorney, Sarah Modrick, Esq., LL.M., explains the law’s key provisions and what New York employers need to know now that it has taken effect.
Notification of Negative Information
Employers must notify an employee within ten (10) calendar days of placing information in their personnel file that has been or may be used against the employee for employment, promotion, transfer, additional compensation, or disciplinary purposes.
Employee Requests to Review File
Once an employee submits a written request for access to their personnel record, the employer must provide a copy within five (5) business days at no cost to the employee.
The law does place limits on an employee’s access to their file, providing that an employer is not required to allow an employee to review their file more than two times in a calendar year. However, a review requested following the placement of negative information in the file does not count towards this limit.
Disagreement as to Information
The law permits employers and employees to mutually agree to remove or correct disputed information contained in an employee’s personnel record. If an agreement is not reached, an employee may submit a statement explaining their position, and that statement must become part of their personnel record.
If an employer places information in the file that they know or should have known is false, the employee may pursue available remedies under a collective bargaining agreement, applicable personnel procedures, or the judicial process to have the false information expunged. If the disputed information is subsequently transmitted to a third party, the employee’s written statement must accompany it, so long as the original information remains part of the personnel record.
Record Retention
Employers are required to retain an employee’s complete personnel record throughout employment and for at least three (3) years following termination, subject to the law’s provisions governing correction or removal of information.
Employment Policies
Employers that maintain written personnel policies regarding the terms and conditions of employment must continuously maintain those policies, as amended, at the office where personnel matters are administered.
Collective Bargaining Agreements
The law does not supersede the terms of an applicable collective bargaining agreement, provided the agreement affords employees at least substantially similar access to their personnel records.
Penalties and Enforcement
Violations of the new law may result in fines ranging from $500 to $2,500 and will be enforced by the Attorney General. The law also provides a private cause of action for employees subjected to prohibited discrimination or retaliation.
Discrimination & Retaliation Prohibited
Employers cannot discharge, threaten, penalize, discriminate, or retaliate against an employee for exercising their rights under the law. This specifically includes threatening to contact or contacting immigration authorities or threatening to report an employee’s or their household member’s immigration status.
Key Takeaways for New York Employers
The law takes effect on November 8, 2026. Although future legislative amendments may clarify certain provisions, employers should ensure compliance with the law as currently enacted.
In particular, employers should review the law and their current personnel records policies and make any necessary revisions. Additionally, processes must be established for notifying employees when negative information is added to their files, responding to access requests, maintaining policies in the appropriate location, and retaining personnel records for at least three (3) years following an employee’s separation from employment.
Human resources and personnel administrators should also be trained on any new procedures to ensure the law’s requirements are properly understood and accurately carried out.
