.png)
Governor Hochul signed S3460 on September 9, 2026, expanding New York’s Labor Law with the addition of Section 210-b. The new law requires both public and private employers in New York State to give current and former employees access to their personnel records, notice of negative entries, and an opportunity to dispute the contents of their personnel file. The new law establishes a path for employees to have information the employer knew, or should have known, was false expunged from their record and prohibits retaliation against employees who exercise their rights under the statute. Employers could face fines ranging from $500 to $2,500 per violation when the law goes into effect on November 8, 2026.
Requirements
The new law imposes four (4) new obligations on employers.
Employers may agree to correct or remove disputed information from the personnel file at issue. If the parties cannot reach an agreement, the employee may submit a written statement outlining their position, which must be added to the official personnel file.
Definitions and Exclusions
The law defines “personnel record” as any record maintained by the employer, or a third party acting on their behalf, that contains identifying information and is or may be used in decisions about hiring, promotion, transfer, compensation, or disciplinary action. Specifically, these include job applications, resumes, waivers, performance evaluations, written warnings, and documents or records relating to disciplinary action or containing an employee’s name, address, date of birth, job title and description, compensation, and start and end dates.
The statute specifically excludes personal information about someone other than the subject employee. Employers are not required to disclose witness statements or co-worker information and should expect to thoroughly review and redact personnel files and disciplinary records when complying with requests.
Anticipated Effects on Employment Disputes and Litigation
Employers and defense attorneys should expect personnel file requests to become a routine first step toward litigation and be prepared to respond to requests within the timeframe set forth in the statute. Requests from former or “problem” employees may serve as an indicator of a pending charge or complaint. Early access to personnel files will undoubtedly expose inconsistencies in the stated reasons for termination or discipline and open employers to pretext arguments. Additionally, failing to comply with the 10-day notice requirement will likely create a new question of fact, allowing employees to claim they were unaware of performance issues or prior discipline. Adverse employment actions that occur soon after an employee requests their personnel records may be used to support a retaliation claim.
Ultimately, this new law reinforces the importance of employers documenting performance issues promptly, accurately, and consistently and doing so assuming the records may be read by the employee or a third party tasked with evaluating an adverse employment decision.
Multi-State Employers
Neighboring states like New Jersey have not adopted a comparable law for private employers. This means employers whose operations extend to other states must decide between establishing a New York State-specific policy or adopting one that extends company-wide. Although adopting a uniform policy comes with certain administrative conveniences and the added benefit of potentially circumventing any allegations of inconsistent treatment among similarly situated employees, enacting a New York State-specific procedure may limit exposure in other jurisdictions that do not currently require private employers to disclose their files.
Sample Compliance Checklist
Employers should begin taking steps, like those in the attached sample checklist, to ensure compliance throughout their New York operations by the November 8 deadline.
