Labor & Employment News Alert: New York’s New Personnel Records Law Takes Effect November 8, 2026, Imposing Significant Additional Burdens on Employers and Granting Employees New and Expansive Rights: Are You Ready?
Date: 9/18/2026
Co-Written by Joshua L. Weiner, Partner and Leron Thumim, Partner
New York employers have about seven weeks to prepare for a sweeping new personnel records law. Senate Bill S3460 (A.2107), signed by Governor Hochul on September 9, 2026, takes effect November 8, 2026, and creates new obligations to disclose, retain, and allow employees to review and challenge negative information in their personnel files.
The law will be subject to additional amendment in early 2027, but until then and starting on November 8, covered New York employers must:
- Retain personnel records for the full employment period plus 3 years after separation;
- Permit current employees, upon their request, to review their personnel record at least twice per calendar year;
- Give notice to current employees every time that negative information—meaning any information which could “negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action”—is added to the employee’s personal file within ten days of adding the negative information to the file;
- Give an employee who had negative information added to their personnel file an additional opportunity to review their personnel file upon written request within five days of receiving the request; and
- Permit the employee to challenge the negative information that was added to the file, allowing them to submit a written statement disputing information in their file if the employer and employee do not reach written agreement on what should be added to the file.
The law also bars employers from retaliating or in any other way discriminating against employees who exercise their rights (such as by reviewing their personnel file and/or challenging negative information) under the law. The law does not supersede collective bargaining agreements currently in place, but only to the extent that they provide employees with substantially similar access to their personnel files.
Penalties for violations range from $500 to $2,500 per violation, with enforcement by the New York Attorney General in addition to private causes of action that the employee might have for any improper employer conduct or retaliation.
Clarification of some ambiguous terms (including what counts as a “personnel record” and what process must be afforded to employees who wish to challenge negative information in their personnel files) is still expected, but not until the new legislative session in January 2027. Until then, the law will take effect as currently written and will operate in this broader form until any narrowing amendment arrives.
What Employers Should Do Now
- Inventory current personnel records against the law’s broad definition;
- Review personnel files with an eye towards identifying existing negative information that could cause workplace disruption and/or potential liability if and when the information is reviewable by employees later this year;
- Review retention practices — including with third-party payroll/HR vendors and applicable IT personnel;
- Create processes to meet the 5-day production deadline and 10-day negative information notice;
- Build a procedure for adjudicating employee challenges to negative information in their personnel files;
- Check collective bargaining agreements for “substantially similar” access provisions; and
- Train HR and managers on the new requirements.
We strongly urge all New York employers to be proactive in adjusting to the new reality of this law, and stand ready to provide thoughtful counsel to those seeking advice regarding nuances of how to implement this law.
This alert is for informational purposes and does not constitute legal advice.
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