By: Robert G. Brody and Matthew G. Chiota
On September 9, 2026, New York Governor Kathy Hochul signed Senate Bill S3460. The legislation gives current and former public and private employees the right to access covered personnel records. It also requires employers to notify employees when certain negative information is added to their records, preserve those records for a specified period, and permit employees to challenge disputed information. The law takes effect on November 8, 2026.
For many New York employers, the law may require meaningful changes to existing human resources practices. Employers should immediately determine where responsive records are kept, establish a reliable request process, and train managers and human resources personnel on the new notice and documentation obligations.
Who Is Covered?
The statute applies broadly. “Employee” includes both current and former employees. “Employer” includes individuals, corporations, partnerships, labor organizations, associations, commercial entities, governmental entities, public employers, and employer agents. A collective bargaining agreement may govern instead where it provides substantially similar or greater access rights.
A covered “personnel record” is also a very broad term and not specifically defined. A personnel record is generally a record maintained by an employer—or by a contracted third party—that identifies an employee and is used, has been used, or may be used in decisions concerning employment qualifications, promotion, transfer, additional compensation, or discipline. Examples include job applications and résumés, job titles and descriptions, compensation information, performance evaluations, written warnings, probationary-period records, disciplinary documents, and termination notices. Information about another person may be withheld if disclosure would constitute a clearly unwarranted invasion of that person’s privacy.
Access Rights and Response Deadlines
Requests to see the personnel file must be in writing and signed by the employee. After receiving a written request, an employer must provide a complete copy of the covered personnel record within five business days, without charging any fees. Employers generally need not permit more than two routine reviews per calendar year.
Because five business days is a short turnaround, employers should consider a centralized intake system that records the date of the request, identifies all internal and/or third parties which maintain such records, assigns responsibility for review of the personnel documents, and preserves proof of timely production.
Notice of Negative Information
The law also imposes an affirmative notice obligation. Within 10 days after placing information in an employee’s personnel record that has been used or may be used to negatively affect employment qualifications, promotion, transfer, compensation, or possible discipline, the employer must notify the employee. The employee may then request a copy of the relevant record, and that review does not count toward the ordinary twice-per-year limit.
This requirement is likely to affect more than formal performance reviews and disciplinary notices. Employers should consider whether manager memoranda, written coaching documents, investigation findings, or other materials placed in an employment record could influence a covered decision. In most cases, such material will be covered. A clear internal rule should require managers to send potentially covered documents to human resources immediately so the 10-day notice period can be met.
Employee Rebuttals and Disputed Information
If an employee disputes information in the record, the employer and employee may agree to correct or remove it. If they do not agree, the employee may submit a written statement explaining the employee’s position. The employer must maintain that statement with the disputed material, and the rebuttal must accompany the record if the material is later disclosed to a third party. The statute also provides a mechanism for seeking removal of information the employer knew or should have known was false. These provisions make accurate, objective, and consistent workplace documentation especially important.
Retention, Enforcement, and Anti-Retaliation Protections
Employers must keep complete personnel records throughout employment and for three years after the employment relationship ends. The law prohibits discrimination or retaliation against individuals who exercise their rights under this law. The New York Attorney General may enforce the statute and seek civil penalties ranging from $500 to $2,500 per violation. Employers should treat access requests, rebuttals, and complaints as protected activity and ensure that subsequent employment decisions are supported by legitimate, well-documented reasons not related to this issue.
Practical Steps for Employers
- Identify relevant records. Create a detailed list of the type of documents (and the normal location where they are saved/stored) which your business uses and which belong in the personnel file.
- Create a written request procedure. Designate an intake point person (usually an HR representative), responsible reviewers of what should be produced, and a deadline-tracking process capable of meeting the five-business day requirement. Separate written request forms and a form checklist for production are helpful.
- Establish a notice workflow. Create a written process to be distributed to all Managers requiring that when negative information is added to a covered record, HR (or your designated point person) is advised immediately so notice can be issued within 10 days.
- Review retention schedules. Confirm that covered records (personnel files) remain available throughout employment and for at least three years after separation.
- Train managers. Reinforce that evaluations, warnings, and related communications should be factual, professional, and consistent with company policy. Also, remind managers who should receive a copy of personnel documents so 1) the documents are properly filed and 2) the employee is appropriately notified so they can file a response if they so choose.
- Prepare for rebuttals. Adopt a consistent process for attaching employee statements to disputed records and including the rebuttal if the original document is ever requested or produced.
Further Clarification Is Expected
Governor Hochul signed S3460 with an approval memorandum noting ambiguities exist in the law and an agreement with the Legislature to clarify those ambiguities. Expected clarifications reportedly will include that employers need not create a personnel file or produce documents they do not maintain. It is also expected to provide a sample of specified employment decisions that normally include personnel types of documentation. Until an amendment is enacted, employers should prepare to comply with the statute as signed while monitoring legislative and agency developments.
Brody and Associates regularly advises management on compliance with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
