On September 9, 2026, New York State Governor Kathy Hochul signed Senate Bill S3460 into law, which adds Section 210-b to the New York Labor Law. Section 210-b requires employers to provide employees with access to their personnel records upon request and to notify employees of negative information added to their personnel record. The law takes effect on November 8, 2026, and imposes several new requirements on employers in New York State.
What the New Law Requires
- Employers are now required to provide employees with a copy of the employee’s personnel records within five business days of receiving a written request from the employee. However, an employer is not required to provide the employee with review of the personnel record on more than two separate occasions in a calendar year.
- Within 10 days after the entry of negative information into the employee’s personnel record, employers must notify employees of the negative information placed in the employee’s personnel record. Negative information is any information that is used, has been used, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or subject the employee to disciplinary action. Notification and review caused by the placing of negative information in the employee’s personnel record does not count toward the employee’s two annually permitted reviews.
- Employers are now required to retain the complete personnel record of any employee from the employee’s date of employment until three years after termination of employment.
- An employer and employee may agree to correct or remove disputed information in a personnel file. If an agreement is not reached, the employee may submit a written statement explaining the employee’s position, which must be included in the employee’s personnel record.
What Constitutes a “Personnel Record”
Under the new law, a “personnel record” is broadly defined as a record kept by an employer that identifies an employee, to the extent that the information is used to or may affect an employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.
Information and documents that constitute part of an employee’s “personnel record” include:
- The employee’s name, address, date of birth, job title, and description
- The employee’s rate of pay and any other compensation paid to the employee
- The employee’s starting date of employment
- The job application and resume of the employee, including other forms of employment inquiry submitted to the employer by the employee
- Performance evaluations
- Written warnings of substandard performance
- Lists of probationary periods
- Waivers signed by the employee
- Copies of dated termination notices
- Any other documents relating to disciplinary action regarding the employee
The law also excludes certain personal information concerning other individuals. Personnel records must not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a “clearly unwarranted” invasion of the other person’s privacy.
Enforcement, Penalties, and Anti-Retaliation Protections
Employers may be subject to civil penalties ranging from $500 to $2,500 for each violation of the statute. Employers that knowingly place false information in a personnel record may be subject to additional penalties.
Additionally, the new law prohibits employers from discharging, threatening, penalizing, discriminating against, or retaliating against any employee who exercises their rights under the statute.
Effective Date and Anticipated Amendments
The provisions under Section 210-b do not become effective until November 8, 2026, and amendments to the bill are expected. When signing the bill, Governor Hochul issued an approval memorandum acknowledging ambiguities in the law that require a chapter amendment, which is expected to narrow the broad definition of “personnel records.”
In the meantime, employers should begin planning now for how they will address the new requirements under Section 210-b before it becomes effective on November 8, 2026.
If you have any questions regarding the content of this alert, please contact Rosemary Enright, Labor & Employment Practice Group leader, at renright@barclaydamon.com; Michael Sciotti, partner, at msciotti@barclaydamon.com; Jack Jeschke, law clerk, at jjeschke@barclaydamon.com; or another member of the firm’s Labor & Employment Practice Area.