New York Personnel File Law: What Employers Must Do by Nov. 8

Starting November 8, 2026, current and former employees in New York can get a free copy of their personnel record within five business days of a written request. Employers must also tell an employee within 10 days when negative information goes into the record.

What did New York change?

Governor Kathy Hochul signed Senate Bill S3460 into law on September 9, 2026. It adds Section 210-b to the New York Labor Law and takes effect on the sixtieth day after enactment, November 8, 2026. Before this law, New York had no general statute giving private-sector employees the right to see or copy their personnel files.

Who must comply with New York’s personnel file law?

The law defines “employer” to include individuals, corporations, partnerships, labor organizations, unincorporated associations, public employers and other businesses, including their agents. It sets no minimum number of employees. “Employee” means anyone currently or formerly employed by the employer.

Unionized employers get one carve-out: the law does not override a collective bargaining agreement already giving at least substantially similar access to personnel records.

What counts as a personnel record?

A personnel record is any record that identifies an employee and is used, has been used, or may be used in decisions about that employee’s qualifications for employment, promotion, transfer, additional pay or discipline. Listed categories include name, address, date of birth, job title, pay rate, start date, applications and resumes, performance evaluations, written warnings, probationary periods, signed waivers and dated termination notices.

Records a third party holds under contract on the employer’s behalf also count, such as those kept by a payroll company or HR technology platform. O’Toole Scrivo warns the definition could also reach emails or texts used in employment decisions that never went into a file.

One exclusion matters before you hand anything over: personal information about someone other than the employee is left out when disclosing it would be a clearly unwarranted invasion of that person’s privacy. That comes up in complaint files, witness statements and documents that name several employees. It is not a reason to hold back every page that mentions a coworker.

What does Section 210-b require of employers?

• Produce the file. Give a free copy within five business days of a written request. You need not allow more than two reviews per calendar year, and the law says a review prompted by a negative-information notice does not count toward that limit.
• Give notice of negative entries. Tell the employee within 10 days of adding information that is, has been or may be used to negatively affect their qualification for employment, promotion, transfer, additional pay or discipline. The law says 10 days without saying business days, so counting calendar days is the safe reading. It sets no notice format; written notice with a logged delivery date is our recommended practice, not a legal requirement.
• Accept a rebuttal. If you cannot agree on correcting or removing disputed information, the employee may submit a written statement that becomes part of the record and accompanies that information whenever shared with a third party. If you placed information you knew or should have known was false, the employee can seek to have it expunged through a collective bargaining agreement, other personnel procedures or the courts.
• Keep the complete record. Hold it without deletions from the start of employment until three years after termination. You may still correct or remove information when you and the employee agree.
• Keep written policies on hand. If you have a written personnel policy, keep the current version at the office where personnel matters are handled.
• Do not retaliate. You may not discharge, threaten, penalize or otherwise retaliate against an employee for using these rights, including by threatening to report the suspected immigration status of the employee or a family or household member.

The New York Attorney General enforces the law.

Three years is a floor; other rules may require longer retention for some records. Our guide to HR record retention covers the common categories, and for California staff, see our article on California’s SB 513 and training records in the personnel file.

Primary sources: NY State Senate, Bill S3460. Added context: Jackson Lewis, Proskauer, Ballard Spahr via National Law Review, O’Toole Scrivo via National Law Review. Last reviewed October 7, 2026.

Have New York employees and records spread across systems?

We can help you map personnel records and set up a request process before November 8.

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