On September 9, 2026, New York Governor Kathy Hochul signed S3460, an amendment to the New York Labor Law requiring New York employers to provide current and former employees with access to their personnel records and imposing recordkeeping, notice, and anti-retaliation requirements.
Notably, Governor Hochul signed the bill into law on the condition that the legislature address ambiguities in the law before the 2027 legislative session. Upon signing the bill, the Governor expressed concerns that “ambiguities that needed to be resolved to avoid uncertainty for both employers and employees, including clarifying that employers are not required to create a personnel file or produce new documents beyond the records they currently maintain, and that personnel files only include records or documents used to determine an employee’s qualifications for hiring, retention, promotion, transfer, additional compensation, or disciplinary action.” The law will take effect without amendment on November 8, 2026; employers should assess whether policy changes are needed before the law takes effect.
New York now joins a list of 19 states, including Massachusetts, Connecticut, Virginia, California, and Delaware, with statutes granting employees access to personnel records.
The new law adds Section 210-b to the New York Labor Law, creating a statutory framework for current and former employees to access their personnel records. The law applies broadly to any “employer,” which is defined...
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