Update: On September 9, 2026, Governor Kathy Hochul signed Senate Bill 3460 into law, which goes into effect on November 8, 2026. Employers should use this time to review their personnel record practices, update applicable policies and procedures, and prepare to comply with the law’s new requirements, which are detailed below. Please contact the authors of this alert or your BakerHostetler attorney with any questions or for assistance in preparing for compliance.
Key Takeaways
- The New York Legislature has passed a bill that would amend the New York Labor Law to give current and former employees broad access to, and the right to obtain copies of, their personnel records.
- The bill would impose significant new obligations on employers, including expanded recordkeeping requirements and a requirement to notify employees within 10 days whenever negative information is added to a personnel record, with an opportunity for employees to submit a rebuttal.
- If signed by Governor Kathy Hochul, covered employers would have 60 days after enactment to comply with these new obligations and could face monetary penalties for noncompliance.
Overview of Senate Bill 3460
On May 19, 2026, the New York Legislature passed Senate Bill 3460, which would add Section 210-b to the New York Labor Law and substantially expand current and former employees’ rights to access personnel records. The new law would also create significant new recordkeeping and disclosure obligations for covered employers, which include both public and private employers in New York.
If Governor Kathy Hochul signs the bill into law, employers would need to comply with the law’s new obligations within 60 days after enactment. To help employers prepare, the sections below provide a high-level overview of the records covered by the bill, its personnel record protections and related employer requirements.
Covered Personnel Records
The bill broadly defines “personnel record” to include any employer-maintained record that identifies an employee and “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.” The definition also includes qualifying records maintained by third parties pursuant to a contract with the employer but excludes personal information about anyone other than the employee if disclosure would constitute an unwarranted invasion of privacy.
The bill specifically provides that all the following written information or documents qualify as covered personnel records:
- Name, address, date of birth, job title and description
- Rate of pay and any other compensation paid to the employee
- Starting date of employment
- The employee’s job application
- Resumes or other forms of employment inquiry submitted to the employer by the employee in response to the employer’s advertisement
- All employee performance evaluations, including employee evaluation documents
- Written warnings of substandard performance
- Lists of probationary periods
- Waivers signed by the employee
- Copies of dated termination notices
- Any other documents relating to disciplinary action regarding the employee
This list is nonexclusive, and the bill expressly provides that the above categories do not limit the broader definition of “personnel record” noted above.
New Notice Requirements for Negative Information
The new law would require employers to notify employees within 10 days after placing information in a personnel record that is, has been or may be used to negatively affect the employee’s employment, promotional opportunities, compensation or transfer prospects or to expose the employee to discipline.
Employees also would have the right to challenge or rebut disputed records. If an employee disagrees with information contained in the personnel record:
- The employer and employee may mutually agree to correct or remove the information.
- If no agreement is reached, the employee may submit a written statement explaining their position.
- That statement must become part of the personnel record and must accompany the disputed information when shared with third parties.
The bill also provides that if an employer places information in a personnel record that it knew or should have known was false, the employee may seek expungement through a collective bargaining process, personnel procedures or judicial action.
Employee Access Rights
Upon written request, employers would need to provide employees with a free copy of their personnel records within five business days.
Employers may limit reviews to two times per calendar year, excluding reviews required after negative information is added to an employee’s record.
Record Retention Obligations
The new law would require employers to maintain complete personnel records from the commencement of employment through three years after the termination of employment. Subject to the bill’s provisions permitting removal by mutual agreement, employers would be required to maintain the complete personnel record without deletions or expungement during that period, although, as indicated above, materials can be removed by mutual agreement between the employee and employer.
Additionally, if an employer maintains written personnel policies, those policies must be made continuously available at the location where personnel matters are administered.
Anti-Retaliation Protections
The bill contains broad anti-retaliation provisions prohibiting “an employer or any other person” (“other person” is not defined in the bill) from discharging, threatening, penalizing, discriminating against or otherwise retaliating against employees who exercise their rights under the statute. The bill specifically identifies immigration-related threats or reports as prohibited forms of retaliation.
Collective Bargaining Agreements
The bill explicitly notes that its requirements do not supersede a collective bargaining agreement, provided the agreement gives employees access to personnel records that are at least substantially similar to the access rights created by the bill.
Enforcement and Penalties
The bill would authorize the New York attorney general to enforce the new law’s provisions and would permit the attorney general to impose fines ranging from $500 to $2,500 for violations.
Looking Ahead
Although the Legislature has passed SB3460, the bill is not yet law. If signed by the governor, employers would have only 60 days to comply. Employers should consider reviewing their personnel record practices now to prepare for potential new obligations and monetary penalties if the bill is enacted. We will continue to monitor this bill and will provide a supplemental alert if it is signed into law. Please contact the authors of this alert or your BakerHostetler attorney contact if you have any questions.
