At a Glance

• New York has enacted a law allowing current and former employees to access, review, and challenge covered personnel records.
• The law is scheduled to take effect on November 8, 2026, although a legislative amendment is expected to clarify its scope and application.

On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460 (A.2107), creating for the first time a statewide right for New York employees and former employees to access, review, and challenge information contained in covered personnel records. The legislation significantly expands public and private employer obligations regarding personnel records, including record retention, disclosure, notice, and access rights.

The new law amends the New York State Labor Law and is scheduled to take effect on November 8, 2026. However, when signing the bill, Governor Hochul required a Chapter Amendment,¹ which will oblige the legislature to amend the bill to address:

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 the records or documents used to determine an employee’s qualifications for hiring, retention, promotion, transfer, additional compensation or disciplinary action.

As such, the legislature will be required to amend the bill by the end of the next legislative...

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