New York Expands Employee Rights to Access Personnel Records
On September 9, 2026, New York Governor Kathy Hochul signed Senate Bill S.3460 into law, broadly establishing rights for current and former employees to access, review, and challenge their personnel records. The legislation, which takes effect on November 8, 2026, requires New York employers to provide copies of an employee’s personnel files within five business days of his/her written request (at no cost, up to twice per year) in addition to several other new requirements for record retention and employee notice. The amendments to New York labor law carry fines for each violation and are enforced by the state Attorney General.
How Senate Bill S.3460 Changes New York Employment Law
Senate Bill S.3460 represents a shift in New York employment law, creating strict compliance deadlines for recordkeeping and employee notification and adding significant penalties for violations. In addition to the 5-day window to furnish personnel records to an employee upon his/her request, New York employers must also:
Notify employees within ten days of placing “negative information” into their file, which includes any documentation that could adversely affect employment status, promotion, compensation, or discipline (including performance evaluations and written warnings)
Allow employees to dispute entries in writing
Retain complete personnel records from hire through three years post-termination.
Violations carry per-occurrence fines between $500 and $2,500 and employees are permitted to pursue judicial expungement of false information.
Next Steps for New York Employers
New York employers must immediately audit their personnel record policies and processes to ensure that management or HR can meet the 5-day notification deadline, implement protocols for 10-day “negative information” notices, and update document retention policies ahead of the November 8 effective date. Organizations must move away from any informal recordkeeping or file management and ensure all HR records are fully documented and retained for the required period. Finally, employee handbooks must be revised to keep employees informed of their rights under the new law.
Companies should enlist the support of Bleakley Platt & Schmidt, LLP’s Labor and Employment Practice Group to audit record retention, employee notice protocols, and employee handbooks to ensure HR compliance. Our experienced attorneys closely monitor changes to New York State employment laws from the time bills move through the legislature through their enactment into law and are always ready to help your organization avoid costly penalties and litigation risk.
Contact Partner Joseph DeGiuseppe, Jr. of our Labor and Employment Practice Group at 914-287-6144 or connect with us online for a consultation.