Governor Hochul recently signed A.2107/S.3460, which imposes new retention, disclosure and notice obligations related to an employee’s personnel record. Modeled after Massachusetts’s personnel records law, New York Labor Law § 210 B takes effect on November 8, 2026.
Harris Beach Murtha’s Labor and Employment Practice Group has been closely tracking this legislation since its introduction. As discussed in more detail in our previous legal alert, the statute grants employees the right to inspect and obtain copies of their personnel records and requires employers to provide requested records within five business days. It also requires employers to notify employees whenever negative information is added to a personnel file and provides employees an opportunity to submit a written response disputing that information. The law also prohibits employers from retaliating against employees for exercising their rights under the statute.
The enactment of § 210-B also raises a number of practical and compliance concerns for employers. As a result, there are indications additional legislative or regulatory guidance may be forthcoming, and employers should continue to monitor developments closely as implementation approaches.
Governor Hochul signed the bill September 9, 2026, based on an agreement reached with the Legislature to address lingering ambiguity in the upcoming legislative session. Specifically, in the approval memorandum, Governor Hochul noted the law...
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