For decades, a New York employee’s personnel file belonged, practically speaking, to the employer. The employee might glimpse it during an exit interview or a lawsuit. Otherwise, it stayed locked away. That changed on September 9, 2026, when Senate Bill S3460 was signed into law, adding Section 210-b to the New York Labor Law and giving current and former employees the right to access their personnel records and to dispute what those records say. The law takes effect November 8, 2026, as reported in our sister blog.

• What the law requires. On written request, an employer must provide a complete copy of an employee’s “personnel record” within five business days, at no charge. Employers may limit employees to two reviews of their personnel records per calendar year, but that cap does not apply when the request follows notice of negative information. When an employer adds information to a personnel record that is, has been, or may be used to negatively affect an employee’s qualifications for employment, promotion, transfer, additional compensation, or possible discipline, the employer must tell the employee within ten days. The statute also requires employers to retain personnel records for three years after termination.
• A broad definition of personnel record. Section 210-b defines “personnel record” broadly. The definition covers any record an employer keeps that identifies an employee and that is used, has been used, or may affect or be used in connection with that...

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