September Tip of the Month: New York Enacts New Employee Personnel Record Law

On September 9, 2026, New York Governor Hochul signed Senate Bill S.3460, broadly creating rights for New York employees to access their personnel record. A material change in New York’s personnel record requirements, the law will take effect on November 8, 2026, and will require New York employers to, (1) upon request, provide employees and former employees with a copy of their personnel records within five business days, at no cost, up to twice per year; (2) allow employees to dispute information in their personnel record in writing; (3) retain complete personnel records from an employee’s date of hire through three years after termination; and (4) notify employees within ten days of “negative information” having been placed in their personnel record (i.e., information that may negatively affect qualification for employment, promotion, transfer, additional compensation, or the possibility that the employee will be subject to disciplinary action). The law also identifies certain documents that should be included in a personnel record, including but not limited to performance evaluations, written warnings, and termination notices. Employers who violate the law are subject to per-violation fines of between $500 and $2,500, to be enforced by the New York attorney general, and the new law permits employees to seek expungement of false information in their personnel record through the judicial process. In advance of November 8, employers should assess whether they are maintaining personnel records in compliance with the new law, prepare a plan for addressing employee requests, review their record retention policies to ensure compliance, and develop a plan for timely notifying employees of negative information, which will soon be required.