On September 9, 2026, Governor Kathy Hochul signed legislation that establishes new rights for New York employees to access and challenge information contained in their personnel records—a marked change in a state in which employees previously had no access rights. Senate Bill S3460 adds Section 210-b to the New York Labor Law, scheduled to take effect on November 8, 2026. While the below summarizes the legal obligations as they currently stand, we note that Governor Hochul required the New York legislature to make additional amendments before the end of the 2027 Legislative Session to resolve certain "ambiguities" in the law's text. New York employers should start preparing to comply with the law as enacted while continuing to monitor legislative developments.
Summary of Key Provisions
Section 210-b imposes several significant obligations on all public and private New York employers related to personnel record access. These are wholly new statewide requirements and are likely to require changes to existing personnel record policies with respect to the collection of documents, employee access, record retention, and information challenge mechanisms.
In particular, employers should be aware of the following key provisions:
- Access to Personnel Records – Section 210-b allows both current and former employees to submit a written request for a copy of their personnel records. Employers must provide the requested records, without cost to the employee, within 5 business days after receiving the request. "Personnel records" are defined broadly as any record "kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action."
- Notice of Negative Information – It also establishes an affirmative notice obligation on employers related to "negative" information. Within 10 days after placing information in an employee's personnel record that "is, has been, or may be used to negatively affect the employee's qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action," the employer must notify the employee. The notice requirement leaves employers with some unanswered questions, including what types of information qualify as "negative," at what point information has been "placed" in a personnel record for purposes of starting the 10-day period, and what information the notice should include. As a result, employers may need to evaluate their existing practices concerning written performance feedback, disciplinary documentation, and other records that could potentially affect future employment decisions, and ensure they have a mechanism in place to measure this deadline and provide the requisite notice.
- Employee Challenges – Employees now have a legal right to dispute information maintained in their personnel records, and the employer and employee may mutually agree to correct or remove the disputed information. If they cannot resolve the dispute, the employee may provide a written statement explaining their position. That statement must remain with the personnel record and, in certain circumstances, accompany the disputed information if it is later provided to a third party.
- Personnel Record Retention – Employers must retain an employee's complete personnel record from the beginning of employment until 3 years after termination of employment, without "deletion or expungement."
- Collective Bargaining Agreements – For employees covered by a CBA, Section 210-b will not supersede the terms of the CBA as long as it "provides at least substantially similar access by an employee to their personnel records" as that provided under the law.
- Anti-Retaliation – Employers and other persons may not discharge, threaten, penalize, discriminate against, or otherwise retaliate against an employee who exercises their rights under this new law.
Enforcement
Notably, the law does not appear to establish a private right of action for employees, meaning employees cannot sue their employer if that employer violates the law. Instead, the New York Attorney General is authorized to enforce Section 210-b, and violations are subject to fines ranging from $500 to $2,500. However, if the employer places information in a personnel record that it "knew or should have known" to be false, "the employee shall have remedy through the collective bargaining agreement, other personnel procedures or judicial process to have such information expunged."
Next Steps for Employers
The law represents a significant change for New York employers, particularly those that have not previously maintained formal procedures for employee access to personnel records. Employers should use the period before November 8, 2026, to assess their current practices and establish processes that will allow them to respond promptly to requests and comply with the law's requirements, with the caveat that future amendments may provide additional clarity or impose additional obligations regarding certain ambiguous terms in the law.
In particular, employers should:
- Review existing personnel records and retention practices and confirm whether those practices satisfy the new requirements;
- Establish a process for receiving, tracking, reviewing, and responding to requests from current and former employees within the required deadlines;
- Develop a process for notifying employees of negative information, including how managers should apprise human resources when they create or maintain potentially covered negative information so that notice can be provided to the employee within the required 10-day period.
- Train human resources personnel and managers who document performance or disciplinary issues to ensure they understand the new requirements, particularly the circumstances that may trigger the 10-day notice obligation;
- Monitor for anticipated amendments and be prepared to adjust their compliance practices if Section 210-b is amended.
We will continue to track any updates to this law or additional guidance. Employers with questions about how to comply with Section 210-b may contact the authors of this article or any other attorney in Venable's Labor and Employment Group.