• New York Governor Kathy Hochul signed Senate Bill S3460 on September 9, 2026, adding new Section 210-b to the New York Labor Law.
• The law takes effect sixty days after signing, or November 8, 2026.
• Employers must provide employees with a copy of their personnel record, at no cost, within five business days of a written request.
• Employers must notify employees within ten days of placing negative information in a personnel file and permit written rebuttals.
• Violations carry fines of $500 to $2,500, enforced by New York’s attorney general, and the statute includes an express anti-retaliation provision.
• Questions remain as to scope and enforcement, but employers should be aware of the potential for a new retaliation-based cause of action.

Background

On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460, adding new Section 210-b to the New York Labor Law. The law applies to both private- and public-sector employers and extends access rights to current and former employees alike. According to the governor’s office, New York now joins at least seventeen other states with a personnel-file access requirement.

Governor Hochul signed S3460 at the state’s annual Labor Appreciation Reception at the City University of New York’s (CUNY) School of Labor and Urban Studies, underscoring the labor-friendly legislative environment in Albany ahead of the upcoming gubernatorial election. The law takes effect on the sixtieth day after signing, or November 8, 2026.

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