Senate Bill 3460 imposes significant new obligations on virtually all employers in the state regarding notification, recordkeeping and retention of employee personnel records as well as anti-retaliation, each carrying financial penalties for noncompliance.
On September 9, 2026, New York Governor Kathy Hochul signed Senate Bill 3460 into law, which adds a new Section 210-b to the New York Labor Law, establishing employee rights to access, obtain a copy of, inspect and dispute the contents of their personnel records. The law takes effect November 8, 2026.
S3460 imposes significant new obligations on virtually all employers in the state regarding notification, recordkeeping and retention of employee personnel records as well as anti-retaliation, each carrying financial penalties for noncompliance.
Notably, when signing the bill, Governor Hochul acknowledged in her Approval Memorandum that the bill as drafted contains ambiguities that needed to be resolved, and that she reached an agreement with the New York Legislature (as she did when signing New York’s Trapped at Work Act, which we discussed in our recent Alert) to address those ambiguities in the 2027 New York legislative session. The uncertainties include “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,...
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