New York Governor Kathy Hochul recently signed Senate Bill S3460 into law, expanding current and former employees’ access to their personnel records and significantly increasing employers’ obligations to share this information starting on November 8, 2026.
Traditionally, New York law has considered employee personnel records employer property, and limited employee access. Under the new law, however, employees gain codified rights to view their personnel records, challenge the information included therein, and receive notice when information that could negatively affect their future employment is added.
Building on similar laws in Massachusetts and California, New York’s statute applies to all employers regardless of size (Massachusetts’ law exempts employers with fewer than 20 employees) and requires access to be given within five days of a request (compared to 30 days in California).
With the November 8th effective date fast approaching, here are the key changes brought about by S3460:
- Record Retention: Employers must retain employee personnel records throughout the employment period and for three years after termination.
- Deadline for Providing Access: Upon receiving a written request, an employer has five business days to provide current and former employees with a copy of their personnel records.
- Giving Notice of Negative Information: Employers must notify an employee within 10 days of adding information to a personnel record that “is, has been used, or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action.”
- Anti-Retaliation: Employers are prohibited from retaliating against employees who exercise their rights under the law.
- Right to Challenge: If an employee disagrees with and challenges what an employer has included in their personnel records, the employer must follow proper response procedures. The parties may mutually agree to remove or correct the disputed information, but if an agreement is not reached, the employee may submit a written statement explaining their position, which must be placed in the employee’s personnel records.
Important Considerations
- The law applies to both public and private employers, including any individual, corporation, partnership, labor organization, unincorporated association, or other legal business entity.
- Employee rights are not unlimited. Employees may only request to view their personnel records twice per calendar year. Requests initiated by the addition of negative information do not count toward this limit.
- The statutory definition of “personnel record” is broad and includes information such as the employee’s name, address, date of birth, and start date; job title and description; compensation information; application materials; waivers signed by an employee; performance evaluations; written warnings of substandard performance; termination notices; and any other documents relating to disciplinary action.
- Records maintained by third-party vendors like HR and payroll platforms fall under this definition. Personal information about someone other than the employee where disclosure would constitute an unwarranted invasion of privacy is excluded.
- For unionized workplaces, nothing in the law “shall be construed to supersede the terms of a collective bargaining agreement” as long as the CBA provides employees with “substantially similar access” to their personnel records.
- The law will be enforced by the New York Attorney General, and penalties for violations will range from $500 to $2,500.
- Ambiguities will likely be resolved by amendment during the 2027 legislative session, Governor Hochul noted in her Approval Memorandum. She specifically identified potential retroactivity of the legislation, what must be included in a personnel record, and whether employers must create a personnel record or produce new records beyond what they already maintain.
Best Practices for Employers
Employers should immediately audit their existing personnel record retention policies, including those maintained by third-party vendors, to ensure they maintain the required information. They should also ensure they have adequate capability to provide timely responses to records requests and prompt notice to employees when negative information is added to their records. Importantly, HR and management should be properly trained on these new requirements.
Any employer seeking guidance on training, compliance, or any other questions and concerns relative to S3460 should reach out to a member of Broadfield’s Labor & Employment team.
