For decades, a New York employee’s personnel file belonged, practically speaking, to the employer. The employee might glimpse it during an exit interview or a lawsuit. Otherwise, it stayed locked away. That changed on September 9, 2026, when Senate Bill S3460 was signed into law, addingSection 210-b to the New York Labor Law and giving current and former employees the right to access their personnel records and to dispute what those records say. The law takes effect November 8, 2026, as reported in our sister blog.
- What the law requires. On written request, an employer must provide a complete copy of an employee’s “personnel record” within five business days, at no charge. Employers may limit employees to two reviews of their personnel records per calendar year, but that cap does not apply when the request follows notice of negative information. When an employer adds information to a personnel record that is, has been, or may be used to negatively affect an employee’s qualifications for employment, promotion, transfer, additional compensation, or possible discipline, the employer must tell the employee within ten days. The statute also requires employers to retain personnel records for three years after
termination. - A broad definition of personnel record. Section 210-b defines “personnel record” broadly. The definition covers any record an employer keeps that identifies an employee and that is used, has been used, or may affect or be used in connection with that employee’s qualifications for employment, promotion, transfer, additional compensation, or discipline. It includes records held by a third party that has a contract with the employer to keep or provide personnel records. The statute specifically lists records related to applications, resumes, performance evaluations, written warnings, waivers, termination notices, and disciplinary action. It does not include “information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of such other person’s privacy.”
- Mandatory retention obligations. Section 210-b requires New York employers to retain the complete personnel record required by the law, without deletions or expungement, from the date of each employee’s hire until three years after termination. In addition, employers that choose to have written personnel policies must “continuously” retain those policies at the office where personnel matters are administered.
- A right to rebut. If an employee disagrees with something in the file and the employer does not agree to remove or correct it, the employee may submit a written statement of their position. That statement becomes part of the record and must be included when the disputed information is sent to a third party, as long as the original information remains in the file. If an employer places information in the file that it knew, or should have known, was false, the employee has recourse through collective bargaining, personnel procedures, or the courts to have it expunged. The law does not supersede a collective bargaining agreement that gives employees at least substantially similar access to personnel records. The Attorney General enforces the law, and violations may result in fines of $500 to $2,500. The law also prohibits retaliation against employees who exercise their rights under Section 210-b.
Putting it Into Practice. Beginning November 8, 2026, Section 210-b of the New York Labor Law will require employers to give current and former employees the right to request a free copy of their personnel records. They will also need to give notice to employees when certain negative information is added to their file, and allows employees to insert written rebuttals in the file if they disagree with information the employer will not remove or correct. Employers will also need to retain complete personnel record through three years after employment ends.
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