Governor Kathy Hochul recently signed S3460 into law, adding Section 201-b to the New York Labor Law, to govern employee access to personnel records. Effective November 8, 2026, this new law grants current and former employees the right to review and dispute their personnel records. Employers should prepare now to ensure compliance and avoid penalties.

What is a Personnel Record?

S3460 defines a “personnel record” as any employer-kept record that identifies and employee and may impact employment decisions such as hiring, promotion, transfer, compensation, or discipline. This includes:

• Employee’s name, address, date of birth, job title, and job description;
• Job application and resumes submitted in response to job postings;
• Performance evaluation and related documents;
• Written warnings of substandard performance;
• Probationary period lists;
• Waivers signed by the employee;
• Dated termination notices; and/or
• Any documents relating to disciplinary action.

The personnel record does not include information about a person other than the employee, if disclosure of that information would constitute a clearly unwarranted invasion of the other person’s privacy.

What are the Key Employer Obligations Under S3460?

Employers are now required to:

• Notify employees within ten days of placing any information in their personnel record that could negatively affect employment decisions.
• Provide a free copy of the personnel record within five business days of a written request by the...

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