New York Requires Employee Access to Personnel Records

At A Glance

• Effective November 8, 2026, New York employers must provide current and former employees with a free copy of their personnel records within five business days of a written request.
• Employers must notify employees within 10 days when negative information is added to a personnel file that may affect employment, promotion, compensation, transfer opportunities, or disciplinary action.

Introduction

On September 9, 2026, New York Governor Kathy Hochul signed NY3460 into law, requiring employers to provide employees and former employees with access to personnel records upon written request, notify employees when certain negative information is added to their files, and maintain personnel records throughout employment and for three years after termination of employment. The law takes effect on November 8, 2026.

Employer Requirements

Under the law, personnel records are defined as records kept by an employer or a third-party contracted agent that include documents maintained by the employer relating to an employee's qualifications, employment status, compensation, promotion opportunities, or disciplinary history. These records include:

• Employee name, address, and date of birth;
• Job title and description;
• Rate of pay and any other compensation paid to the employee;
• Employment start date and dated termination notices;
• Job application and resumes;
• Waivers signed by the employee;
• Employee performance evaluations and documents;
• Written warnings of substandard performance;
• Probationary period documentation; and
• Other documents related to disciplinary action.

Employers must: 

• Provide a copy of the requested personnel record at no cost to the employee 
• Respond to written requests within five business days 
• Allow employees to review their personnel records up to two times per calendar year
• Notify an employee within 10 days when information is added to the employee's personnel record that is used, has been used, or may be used to negatively affect employment status, promotions, transfers, additional compensation, or the possibility of disciplinary action. 

If an employee disagrees with any information in their personnel record, the employee may submit a written statement, which must be included in the personnel record.