S3460 was signed by the governor on September 9, 2026. Beginning November 8, 2026, New York employers of all sizes will need to give employees, including former employees, access to their personnel record and notify them when certain negative information is added to it. Key details of these new requirements are below.
Personnel Record Defined
The law defines "personnel record" broadly to include any record identifying an employee that’s used, or could be used, to make decisions about their qualifications for employment, promotion, transfer, compensation, or discipline. At a minimum, if an employer has prepared any of the following records related to an employee, they must be included in the employee’s personnel file:
Name, address, date of birth, job title and description, rate of pay, and other compensation
Start date, job application, and any résumés or inquiries sent in response to the employer’s job ad
All performance evaluations, written warnings, information about probationary periods, signed waivers, dated termination notices, and any discipline-related documents
Employers are responsible for complying with the law even if a third party is used to store personnel records.
Notice to Employees About Negative Information
Employers will need to notify an employee within 10 days of adding any information to their personnel record that has been or could be used to negatively affect the employee’s qualifications for employment, promotion, transfer, or compensation, or that could subject them to discipline. The law doesn’t say how notice needs to be provided, but written notice is safest, since it will simultaneously provide a record of complying with the law.
Employee Review and Copying of Personnel Records
Upon an employee’s written request, employers need to provide them with a copy of their personnel record at no cost within five business days.
Employers can limit an employee’s review of their personnel record to two times per calendar year. However, if an employee’s request for a review of their personnel file is prompted by the employer’s addition of negative information, that review doesn’t count toward the limit.
Disputed Information
If an employee disagrees with something in their record, and the employer and employee can’t agree to remove or correct it, the employer will need to offer the employee the chance to add a written statement to the record that explains their position. That statement must remain part of the personnel record as long as the contested information remains in the record.
Recordkeeping
Employers will need to retain an employee’s complete personnel record from their date of hire until three years after employment ends.
ACTION ITEMS:
Update your processes and procedures around personnel records as needed and make sure anyone who might write employees up understands the extent of this law.
If you have a policy about personnel records, update it as needed.
Want to make sure your policies are still compliant? Talk to a ministry HR expert one-on-one.