Key Points

• Employees now have a right to access and dispute items in their personnel files. New York recently enacted a law giving public and private sector employees and former employees the right to obtain copies of their personnel records within five business days of a written request.
• Employers must notify employees of negative information. If an employer adds anything to a personnel file that could negatively impact an employee’s qualifications for employment, promotion, transfer, compensation or disciplinary action — like a warning or bad review — the employer must tell the employee within 10 days. The law provides the employee with the right to submit written rebuttals of any negative information, which becomes part of the file.
• Employers will be penalized for noncompliance. The law imposes new recordkeeping, retention and anti-retaliation requirements.

Employers should start preparing now that Gov. Kathy Hochul has signed a law that gives current and former employees broad access to their personnel records. Senate Bill S3460, codified as New York Labor Law § 210-b, takes effect Nov. 8, 2026.

Broad Access to Personnel Records

Employees and former employees (collectively, employees) can request a copy of their personnel records up to twice a year. Upon such a request, employers must provide employees all of their personnel records within five business days.

A “personnel record” is defined broadly. It includes any record or document that can be used to determine an employee’s qualifications, retention, promotion, transfer, additional compensation or disciplinary action.

The law specifically identifies the following non-exhaustive list of documents (if they exist) to be personnel records:

• Name, address, date of birth, job title, and job description.
• Rate of pay and any other compensation.
• Start date.
• Job application and resumes or other employment inquiry forms submitted in response to the employer's advertisement.
• Performance evaluations.
• Written warnings.
• Probationary period records.
• Signed waivers.
• Termination notices.
• Any other disciplinary documents.

The 10-Day Rule for Negative Information

This new law also requires employers to notify employees within ten (10) days whenever an employer adds something negative to an employee’s file — anything that could affect their job, promotion, pay or discipline. As currently drafted, the law is unclear whether an employer satisfies this requirement when it physically issues a warning or review to an employee in person.

When an employee is informed about the placement of a negative document into their file, the employee can request a copy of their file. A request made under these circumstances does not count toward their two requests per year limit.

Employees Can Dispute Their Records

If an employee disagrees with something in their file, they have two options:

• Work with the employer to remove or correct the disputed information.
• Submit a written rebuttal, which becomes a permanent part of the file. That rebuttal must be included whenever the employer shares the disputed information with any third party.

If the employer knows or should know that the information in the record is false, the employee can pursue a remedy through the collective bargaining agreement (if one exists), other personnel procedures or judicial process to have the information expunged.

Other Requirements

• Retention: Employers must retain complete personnel records — without deletions — from the date of hire through three years after termination.
• No retaliation: Employers cannot fire, threaten or punish employees for exercising their rights under this law. This includes threats about an employee’s (or their family’s) immigration status.
• Penalties: Failing to provide personnel records to employees upon request or issue notice of a negative personnel record being placed in the employee’s file can result in fines ranging from $500 to $2,500 per violation, enforced by the Attorney General.

Why This Law Matters

This law imposes significant compliance obligations. The broad definition of “personnel record” requires employers to identify what information is maintained and where it is stored, even after an employee has been terminated.

The five-business-day turnaround requires efficient intake and response procedures. The 10-day notice requirement demands real-time coordination between managers and HR when warnings or negative evaluations are added to personnel files.

The rebuttal process may encourage employees to contest every criticism in writing. And these rebuttals become part of the employee’s permanent file.

Next Steps

With the law taking effect 60 days after the governor's signature, employers should take immediate steps to prepare, including:

• Audit existing personnel files. Determine which records are currently maintained, where they reside and whether they satisfy the law's requirements.
• Create a process to access files even if they are maintained by a third party. Notably, the law defines “personnel record” to include records kept by a third party (such as a PEO or payroll vendor) under an agreement with the employer. Employers should ensure they have immediate access to any such outsourced records so they can meet the law’s five-business-day turnaround period.
• Develop a request response process. Designate who will receive written requests, how records will be compiled and how the employer will meet the five-business-day turnaround.
• Create a notification system. Build a process to flag when negative information goes into a file and send the required 10-day notice.
• Update retention policies. Confirm that complete personnel records are retained for at least three years following termination.
• Train managers and HR personnel. Ensure that managers and HR understand the new obligations, including the prohibition on retaliation.
• Review collective bargaining agreements. The law does not supersede collective bargaining agreements that provide employees at least substantially similar access to their personnel records. Under a collective bargaining agreement, some employees may have additional rights to access and challenge personnel records.

For more information, contact Glenn S. Grindlinger at ggrindlinger@foxrothschild.com, Carolyn D. Richmond at crichmond@foxrothschild.com, Ryan W. Lee at rwlee@foxrothschild.com, or another member of Fox Rothschild’s Labor & Employment Department.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the authors and not necessarily this law firm or its clients.