On September 9, 2026, New York Governor Kathy Hochul signed Senate Bill S.3460 into law, expanding the rights for New York employees to access and respond to information contained in their personnel files. The law, which takes effect November 8, 2026, adds Section 210-b to the New York Labor Law (“Section 210-b”) and creates a statewide right for both current and former New York employees. Section 210-b applies broadly to private and public-sector employers.
Among other rights and requirements, Section 210-b: (i) provides employees with the right to access and review their personnel records; (ii) requires employers to notify employees when “negative information” is placed in their personnel file; and (iii) allows employees to dispute information contained in their file.
Who Is Covered?
The New York Labor Law, including Section 210-b, broadly applies to persons, partnerships, firms, associations, government bodies, and public and private corporations who do business in New York. Likewise, the New York Labor Law provides expansive protections to essentially all employees who work in the state, regardless of immigration status or employment type.
What Qualifies as a “Personnel Record”?
Section 210-b expansively 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...
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