The new law will take effect on November 8, 2026.
New York has enacted a new law that will provide employees with new rights with respect to their personnel files, including notice of, and the opportunity to respond to, certain types of “negative information” placed in their personnel files. S3460, which is modeled in part after Massachusetts’ personnel records law, adds new Section 210-b to the New York Labor Law and will take effect on November 8, 2026.
The Law Broadly Defines “Personnel Record”.
New Section 210-b defines a “personnel record” as a “record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation or disciplinary action.” This describes what most employers know as a “personnel file.” But the new law takes it one step further and provides a list of items that employers must include in an employee’s personnel file, including:
- The employee’s name, address, date of birth, job title, and job description;
- The job application, resumes or other forms of employment inquiry submitted by the employee to the employer in response to the employer’s job advertisement;
- The employee’s starting date of employment;
- The rate of pay and any other compensation paid to the employee (e.g., commissions, bonuses, etc.);
- All employee performance evaluations, including, without limitation, employee...
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