On September 9, 2026, Governor Kathy Hochul signed S3460 into law, amending the New York Labor Law to require employers to produce personnel records upon request. New York becomes the 20th state to require employers to give employees access to their personnel files. With the law taking effect on November 8, 2026, employers must prepare to comply with these new requirements.

Covered Employers & Employees

Under the new law, both public and private employers are covered, and “employer” is broadly defined to include individuals, corporations, partnerships, labor organizations, and the agents of employers.  “Employee” means both current and former employees.  

Requirements

The new law imposes several new requirements on employers with New York employees, including the following:

• Provide copy of personnel file within five business days of a written request. When a current or former employee makes a request in writing, the employer must provide a copy of the employee’s personnel record at no cost to the employee within five business days.
• Allow up to two reviews per year. Employers must allow two personnel record reviews per calendar year. A review triggered by newly added negative information does not count toward that the annual review limit.
• Give notice of negative information within 10 days. Employers must notify an employee within 10 days of adding information that is, has been, or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or possible discipline.
• Rebuttals. If the employee and employer cannot agree to correct or remove disputed information in the personnel record, the employee may submit a written statement rebutting the disputed information. That statement becomes part of the record and must be provided with the disputed information whenever it is sent to a third party.
• Keep records for three years after separation. Employers must keep the complete personnel record, without deletion or expungement, from the date of hire through three years after termination.

Prepare for Compliance

Impacted employers should consider the following steps now:

• Locate your records. Records may sit in HR systems, manager files, vendor platforms, or paper files.  Identify where they are and confirm your organization can collect them within five business days. 
• Build a request protocol. Set up a process for receiving, tracking, and answering records requests, and name the people responsible. 
• Update conflicting policies. Many handbooks limit or prohibit employee access to personnel files.  If your handbook includes those policies, they must be revised. 
• Train managers. Ensure HR staff and supervisors understand the notice requirement to the extent that they are responsible for overseeing employee records.  

The law is enforced by the New York Attorney General. Penalties range from $500 to $2,500 per violation, and there is no private right of action.  

For more information, please contact the Nelson Mullins Employment and Labor Group.