Over the past decade, several US states have enacted laws granting employees access to their personnel records. New York State, however, which is typically at the forefront of employee-friendly legislation, had surprisingly not yet enacted such a law.
That changed on September 9, 2026, when Governor Hochul signed S3460 into law. As we previously reported here, the law – which goes into effect on November 8, 2026 – will require all New York State employers to provide current and former employees with access to their personnel records and to take other actions relating to personnel records.
The law defines “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 compensation, or disciplinary action.
Examples of records that constitute part of an employee’s “personnel record” include employment applications and resumes, job descriptions, compensation-related information, termination notices, performance reviews, written warnings regarding performance and disciplinary issues, and waivers signed by the employee. That said, “personnel record” does not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a “clearly unwarranted invasion of such person’s privacy.”
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