On May 19, 2026, the New York Legislature passed Bill S.3460, which would require employers to provide employees with access to their personnel records (the “Bill”). If enacted, the Bill would ensure that employees have a fair opportunity to review their files and are notified when negative information is placed in their personnel records. If signed by Governor Hochul, the Bill would give employers who would then have 60 days from the date of enactment to implement policies and procedures necessary to comply with the new requirements.

Access to and retention of personnel records

The Bill would allow employees the opportunity to access their personnel records at least twice per calendar year. Employers would be required to furnish a copy of the requested records within five business days of receiving a written request, at no cost to the employee. “Personnel record” is defined broadly 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. Under the Bill, employers would be required to retain the complete personnel record of any employee without deletions or expungement of information, from the date of employment to a date three years after the termination of the employment.

Notice of negative information

If enacted, the Bill would require employers to notify...

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