New York Governor Kathy Hochul has signed into law a bill that will provide private and public sector employees and former employees a right to access and dispute their personnel records. It takes effect on November 8, 2026 (60 days following signing of the bill on September 9).

S3460 adds new Section 210-b to the New York Labor Law and will require employers to:

1. notify an employee within 10 days of the employer placing in the employee’s personnel record “any information to the extent that the information is, has been used or may be used, to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action”;
2. provide a free copy of the employee’s personnel record within five (5) business days after receiving a written request from an employee or former employee;
3. permit employees at least two (2) reviews of their personnel record per calendar year, with reviews prompted by newly added negative information not counting toward that limit; and
4. generally retain the complete personnel record throughout employment and for three (3) years following termination.

The bill defines “personnel record” as a record kept by an employer (or a third-party contracted agent) 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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