New York Employers: New Personnel Record Requirements Take Effect November 8

New York employers will soon have new requirements for notifying employees about information added to their personnel files and providing current and former employees access to those records.

Governor Kathy Hochul signed S3460 into law on September 9, 2026. The new law takes effect November 8, 2026 and applies to both private and public employers.

What Will Employers Be Required to Do?

Beginning November 8, employers must:

• Notify employees within 10 days when information is placed in their personnel record that has been, may be, or could be used to negatively affect employment, promotion, transfer, additional compensation, or possible disciplinary action.

• Provide current or former employees a free copy of their personnel record within five business days of receiving a written request.

• Allow employees to review their personnel record at least twice per calendar year. Reviews prompted by newly added negative information don't count toward that limit.

• Generally retain complete personnel records throughout employment and for three years after termination.

What Counts as a Personnel Record?

The definition is broad. It covers records maintained by an employer—or a contracted third party—that are used, have been used, or may be used in connection with an employee's qualifications for employment, promotion, transfer, compensation, or disciplinary action.

That can include applications and resumes, job descriptions, compensation information, performance evaluations, written performance warnings, probationary-period information, termination notices, and other disciplinary documents.

Certain personal information about someone other than the employee is excluded when disclosure would constitute a clearly unwarranted invasion of that person's privacy.

Employees Can Dispute What's in Their File

Employees who disagree with information in their personnel record can seek to have it corrected or removed.

If the employer and employee don't agree, the employee can submit a written statement explaining their position, which must become part of the personnel record. If information was placed in the record that the employer knew or should have known was false, the law also provides avenues for the employee to seek to have it removed.

What Should Employers Do Now?

The November 8 effective date gives employers a relatively short window to prepare.

Review how personnel records are created, maintained, and stored, and determine who will be responsible for the new 10-day employee notifications and five-business-day records requests.

Employers should also review record-retention practices and make sure managers understand that performance and disciplinary documentation they create may become part of a personnel record an employee has the right to review and dispute.

This makes good documentation even more important. Performance records should be timely, factual, and accurately reflect what occurred—not something reconstructed later when a problem arises.

Employers can review the full text of S3460 on the New York State Senate website.

SevenStar HR can help New York employers review their personnel-file practices and prepare their HR processes for the new requirements before November 8.