New York became the latest state to enact a personnel record access law, granting employees a statutory right to access personnel records beginning November 8, 2026. Below we summarize key new obligations and compliance steps for employers.

Scope of covered records

Explicitly modeled after the Massachusetts Personnel Record Law, S3460 requires employers to grant current and former employees access to their personnel files. The law broadly defines a “personnel record” as any record kept by the employer that is, has been or may be used to affect the employee’s qualifications for employment, promotion, transfer, additional compensation or disciplinary action. The definition expressly includes, without limitation, the following information about the employee:

• Name, address and date of birth
• Job title and description
• Rate of pay and other compensation
• Starting date Job applications, resumes and other forms of employment inquiry
• Performance evaluations (including self-evaluations and written warnings)
• List of probationary periods
• Signed waivers
• Termination notices
• “Any other documents relating to disciplinary action”

Employers must retain the complete personnel record without deletion or expungement from the date of employment to three years after termination. Notably, the definition of “personnel record” extends to records kept by a third party with a contractual agreement with the employer to keep or supply such records on the employer’s behalf, such as professional...

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