On September 9, 2026, New York Governor Kathy Hochul signed S.3460 into law, adding a new Section 210-b to the New York Labor Law.

Modeled on Massachusetts’ Personnel Record Law, the new law gives current and former employees a first-time statutory right to access, and in some circumstances dispute, the contents of their personnel files. Section 210-b takes effect on November 8, 2026.

Pursuant to an agreement cited by Governor Hochul in her approval memorandum, the New York State Legislature is expected to make changes to the new law during its next session to clean up certain ambiguities.

What You Need to Know

• New Employee Access Right: Current and former employees may request a free copy of their personnel record up to twice per calendar year, and employers must produce it within five business days.
• Notice for Negative Information: Employers must notify employees within 10 days of placing information in a personnel file that is, has been, or may be used to negatively affect the employee’s job standing.
• Enforcement and Penalties: Section 210-b’s anti-retaliation provision protects individuals asserting rights under the new law, and violations are punishable by a fine of $500 to $2,500.

The New Personnel Record Access Law

New York had not previously granted a general statutory right for private-sector employees to inspect their own personnel files; historically, personnel records were treated as exclusively the employer’s property. Section 210-b brings New York in...

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