Key Takeaways
- New York State’s legislature has passed a bill that confers employees with broad rights to access and review their full “personnel records” as maintained by their employer.
- Employers must notify employees within 10 days of placing negative information in their personnel file, and employees would have the right to dispute the information with a written rebuttal.
- If signed by Gov. Kathy Hochul, employers would be required to provide personnel records within five business days of a written request.
- The law imposes three-year post-employment retention requirements and applies to records maintained by third-party vendors.
- Violations may result in civil penalties of $500 to $2,500, and the statute includes broad anti-retaliation protections.
- To learn more about this proposed law and other news in the employment law world, please register for our June 25 Labor and Employment Webinar, Staying Compliant in an Evolving Workplace.
Background
In late May 2026, New York State’s Legislature approved Bill S3460/A2107. The bill amends the state Labor Law by significantly expanding employee rights to access, review and dispute information kept in their personnel records. The measure would also substantially expand employers’ recordkeeping and compliance obligations for arguably any “record” that speaks to employees’ performance and conduct.
The new requirements would cover both public and private employers, as well as records maintained by third parties on an employer’s behalf.
If signed by Governor Hochul, the measure would take effect 60 days later.
Scope of “Personnel Records”
The bill defines a “personnel record” broadly as any record the employer uses or may use to affect an employee’s terms and conditions of employment, and would capture all records that relate to employee hiring, promotion, transfer, disciplinary status and compensation.
The definition expressly includes:
- all performance evaluations, including evaluation documents;
- written warnings of substandard performance;
- probationary period lists and employee-signed waivers;
- name, address, date of birth, job title and description;
- pay rate and other compensation;
- employment start date;
- job application;
- resumes and other employment inquiries submitted in response to the employer’s advertisement; and
- dated termination notices and other disciplinary documents
Notably, records maintained by third-party vendors (e.g., HR platforms) would be treated as part of the employer’s personnel records.
Expanded Employee Rights and Employer Obligations, Including Employee Right to Dispute Negative Information
Perhaps the most impactful change for personnel managers in the proposed law: requiring employers to notify employees within 10 days of placing any “negative information” in personnel files. While not defined, “negative information” would presumably cover any record that might adversely affect employment status or opportunities.
The requirement creates an affirmative obligation to monitor and disclose adverse documentation. Employees may dispute negative information, too, and may submit a written rebuttal to any information kept in their personnel record. Rebuttals must be retained in the file and included whenever the disputed record is shared, including to external third-parties.
Aside from advance notice of any negative information, employers must otherwise provide employees with a copy of personnel records within five business days of a written request, and at no cost to the employee.
Employees would be entitled to review their personnel records twice per calendar year, in addition to any review triggered by new negative information.
The law also requires that employers retain personnel records for at least three years after an employee’s termination, and without deletion or expungement of any record during that period.
Anti-Retaliation and Enforcement
The proposal includes broad anti-retaliation protections prohibiting employers from taking adverse action against employees who exercise their rights under the statute. This includes threats relating to immigration status.
Violations of the amended statute would be enforceable by the New York Attorney General, with civil penalties ranging from $500 to $2,500 per violation.
Practical Considerations for Employers
As summarized above, the amendment does much more than simply grant employee access to their personnel files. The proposal’s requirements for advance notice of negative information and sweeping definition of “record” should spur all employers to review their personnel record practices. Among other items, employers should consider:
- Auditing existing personnel files to confirm what documents are maintained.
- Identifying all storage locations, including third-party systems.
- Reviewing policies for performance evaluations, discipline and documentation.
- Implementing procedures to ensure timely notice of negative information.
- Confirming record retention practices align with statutory requirements.
- Evaluating collective bargaining agreements for compliance.
- Designating personnel responsible for responding to employee requests.
Harris Beach Murtha’s Labor and Employment Practice Group will continue monitoring the bill’s status as it awaits action from Governor Hochul. Please join us as well at our June 25 Labor Series webinar, Staying Compliant in an Evolving Workplace, as we share additional insights on this – and many other – notable updates in the employment law world.
If you have questions or need assistance with this new proposed law of other labor matters, please reach out to attorney Daniel J. Palermo at (585) 419-8946 and dpalermo@harrisbeachmurtha.com; attorney Ibrahim Tariq at (585) 419-8556 and itariq@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts, and Newark, New Jersey.