On September 9, 2026, Governor Kathy Hochul signed A.2107/S.3460 into law. This is an important law for New York employers. The law gives employees an enforceable right to access their personnel records and to see what’s in it. Moreover, it puts new obligations on you, as the employer, to notify the employee when something negative goes in it.
Here’s what you need to know before the law becomes effective.
Employees Get Access to Their Personnel Records
Once this law takes effect, current and former employees can ask to see their personnel file up to twice a year. After receiving a written request, employers have five business days to hand over the file, at no cost to the employee.
What Personnel Records Means
The new law defines personnel records as anything an employer can use to make decisions about someone’s job. Personnel records include, for example:
- Job applications
- Resumes
- Pay records
- Performance evaluations
- Written warnings
- Probation notices
- Disciplinary records
- Dated termination notices
Personnel records now also include materials that are kept by a third-party vendor on an employer’s behalf, such as records maintained by an outsourced HR company, professional or platform.
Negative Information Requires Notification to the Employee
This part of the new law probably will cause the biggest shift in an employer’s day-to-day management. Any time an employer places negative information in an employee’s file, it’s required to notify the employee within 10 days.
Negative information is anything that 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.
Disagreement With Personnel Personnel Records
If an employee disagrees with what’s in his personnel record, he can submit a written rebuttal. The employer is required to keep the rebuttal in the file alongside the disputed record. If the employer chooses to later share the record with someone else, it must include the rebuttal.
Keep the Records for Three Years After Departure
The new law imposes a new requirement for document retention as well. Employers are required to keep all personnel records for three years after an employee’s last day without any deletions or expungement. If the workplace policy involves deletion or shredding of old employees’ files sooner than that, it’s time to update the policy.
Retaliation is Never Permitted
The new law bars retaliation against employees who seek to see their file, dispute something in it, or exercise their rights under the statute. Retaliation protections include threats regarding an employee’s immigration status.
Sanctions for Violations
Where an employer violates the statute, violations are punishable by a fine of $500 to $2,500, enforced by the Attorney General. At least so far, there’s no private right of action for employees to file suit.
The Reasons Behind the New Law
This law is meant to make sure workers across New York can actually see their personnel records and aren’t kept in the dark about negative information contained in their file.
A Few More Points
- If an employer elects to have a written personnel policy on terms and conditions of employment, it must continuously maintain that policy at the office where personnel matters are administered.
- Moreover, just like with paid sick leave and some other benefits, a collective bargaining agreement can control if it affords employees at least substantially similar access.
- Finally, there’s an express privacy exclusion for personal information about someone other than the employee when disclosure would be an unwarranted invasion of that other person’s privacy.
What Should You Do Between Now and November 8?
Before the new law takes effect, employers should check what’s in their personnel files, including what’s with third-party HR vendors and build a process for responding to file requests within five days after receiving a written request. They also should review their employee handbooks and ensure they match the new legal landscape.
We’ll Help You Be Prepared
Need help updating your personnel-file practices, retention rules, or employee handbook? Contact The Coppola Firm to speak with a New York employment lawyer.
