New York’s New Personnel Records Access Law: What You Need to Know

Governor Kathy Hochul recently signed Senate Bill S3460, which gives New York State employees the right to access their personnel files, creating new rights for employees and responsibilities for employers.

This new law took effect on November 8, 2026, and introduces strict timelines for employers, clearer rights forworkers, and penalties for non-compliance. Whether you are an employer trying to learn what this means for your business, or an employee seeking clarity on your work history, you will find this summary of interest:

1.  What is a “Personnel Record”?

The law broadly covers any document that has been used or is capable of being used to determine an employee’s qualifications for “employment, promotion, transfer, compensation, or disciplinary action”. This includes any documentation related to employment such as job applications, resumes, evaluations, written warnings, and termination records.

2. The 5-Day Request Rule

Under this new law, past and present employees for a company have the right to request a complete copy of their personnel file for free. Employers must provide the file within five business days of receiving the request. However, employees may only make this request two times within a calendar year.

3. Mandatory Notice for Negative Information

The law also mandates that employers must notify their employees in writing within 10 calendar days for placing any information in their personnel file that could negatively affect their:

·     Job standing, promotion, or transfer

·     Qualifications or disciplinary status

·     Compensation

Any dispute that an employee may have regarding their record and any negative information must be submitted as a written rebuttal. This written rebuttal must be included in their personnel file permanently.

4. How long are records kept?

Under this statute, Employers must keep complete personnel files from an employee’s date of hire to up to three years after they leave the company.  Note that other laws already in effect may require employers to retain personnel files for more than three years.

5. Are there penalties?

Failing to comply with this new law means facing a civil penalty from $500 to $2,500 per violation, as enforced by the New York State Attorney General.

6. Next Steps

·     Employers: Five business days creates a tight window. Therefore, employers should take this time to organize all personnel files and records to avoid any penalties and to prepare a process for keeping track of employee requests to support compliance with the law.

·     Employees: This law provides clear guidelines for requesting and receiving your own personnel files. It also protects you against retaliation for exercising your right to request your records. It does not, however, supersede any agreements made during collective bargaining.

We acknowledge that with these changes in the law creating new transparency in the employer-employee relationship, both employees and employers need time to adjust and understand how the law affects their workplace rights and responsibilities. Berke-Weiss Law is committed to helping our clients navigate this changing landscape.  Please contact us if you have any questions or need guidance on this new development in the law.

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