New York dramatically expands employee access to personnel files

New York Governor Kathy Hochul signed NY Senate Bill S3460 (A.2107) on September 9, 2026. The new statute, which will become effective on November 8, 2026, gives current and former employees throughout New York State the right to obtain, review, and challenge records in their personnel files. 

Details

Modeled after Massachusetts’ Personnel Records Law, the New York statute allows employees a fair opportunity to access their personnel records at least twice per year at all worksites in New York State. Employers will need to furnish records within five business days of receiving a written request from an employee. 

The statute also requires employers to notify employees when negative information affecting qualification for employment, promotion, transfer, additional compensation, or the possibility that an employee will be subject to disciplinary action is filed against them. Under the new law, employees will be able to submit a written statement into their personnel file if they disagree with the file’s content and to pursue an action for injunctive relief to remove false information. Pursuant to the new statute, employers must retain the complete personnel record of every employee, “without deletions or expungement of information,” from the date of employment until three years after termination.