New York Adds Personnel Records Requirements

Key Takeaways

Impacted Employers: New York employers

Effective Date: November 8, 2026

Summary: New York has enacted legislation that adds employee access and employer notice and recordkeeping requirements related to personnel records.

Next Steps: Review personnel record policies and procedures, train supervisors on the changes under the law, and monitor for further guidance from the state.

The Details

New York has enacted legislation (Senate Bill 3460), which adds employee access and employer notice and recordkeeping requirements related to personnel records.  The law takes effect Nov. 8, 2026.

The law defines an “employee” to mean a person currently or formerly employed by an employer. We use the term “employee” in this article to refer to both current and former employees.

Personnel Records

Under the law, a personnel record:

• Is a record kept by an employer, identifying an employee, and is used for, is related to, or affects, an employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action.
   
• Includes a record in the possession of an individual, corporation, partnership or other association that has a contractual agreement with the employer to keep or supply a personnel record as required under the law. Personnel files exclude information of a personal nature about an individual (other than the employee) if the disclosure would unnecessarily invade that individual’s privacy.

Employer Requirements

Information to be included in personnel files

Certain written information or documents, to the extent prepared by an employer regarding an employee, must be included in the personnel record for the employee, including:

• Their name, address and date of birth;
• Job application and resumes;
• Job title and description;
• Starting date of employment and dated termination notices;
• Rate of pay and other compensation paid to the employee;
• Waivers signed by the employee;
• Employee performance evaluations and evaluation documents;
• Written warnings of substandard performance;
• Probationary periods; and
• Other documents related to disciplinary action.

Review the definition of “personnel record” under the law for more information.
 

Employer Notice

An employer must notify an employee within 10 days of placing information in an employee's personnel record to the extent that the information is, has been used or may be used, to negatively affect an employee's qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action.

Employee Access to Records and Copies

An employer receiving a written request from an employee to access their personnel record must provide the employee with a copy of their personnel record, at no cost to the employee, within five business days of receiving the request.

Employers are not required to allow an employee to review the employee's personnel record on more than two separate occasions in a calendar year.  Reviews prompted by newly added negative information (described above) do not count toward the limit.

Employee Disputes

If an employee disputes information in the personnel record, the parties may mutually agree to correct or remove it. If they do not agree, the employee may submit a written statement explaining their position, which must be made part of the record. That statement must be included when the information is transmitted to a third party, provided the original information is retained as part of the file.

If an employer places information in a personnel record that they knew (or should have known) to be false, the employee has certain remedies (see the text of the law for details).

Recordkeeping

Employers must:

• Ensure personnel records are maintained in type-written or printed form, or are handwritten in indelible ink; and
   
• Retain the complete personnel record (without deletions or expungements) throughout employment and for three years following termination.
   

Nonretaliation

Employers cannot take the following actions against an employee who exercises their rights under the law:

• Discharge, threaten, penalize, discriminate or retaliate against an employee;
   
• Contact (or threaten to contact) United States immigration authorities; or
   
• Report (or threaten to report) an employee's (or a member of their household or family’s) suspected citizenship or immigration status.

Collective bargaining agreements

The law does not supersede the terms of a collective bargaining agreement when the agreement provides an employee with at least substantially similar access to their personnel record as required under the law.

Penalties

Employers found to have violated the law may face fines of $500 up to $2,500.

Next Steps

Review personnel record policies and procedures, train supervisors on the changes under the law. 

NY Governor Hochul's approval memorandum indicated that legislation may be considered during the 2027 legislative session to clarify certain aspects of the law. Employers should monitor developments for additional guidance.