Employers Are Encouraged to Comply with New Enforcement Regulations Prior to November 8 to Avoid Financial Penalty

Key Highlights

• Effective November 8, 2026, New York employers must provide current and former employees access to their personnel records.
• Employers have new requirements regarding notice to employees of negative information in their personnel records.
• Employees may dispute information contained in their personnel records.

On September 9, 2026, New York State Governor Kathy Hochul signed the Employee Access to Personnel Records bill (S3460) into law, amending the New York Labor Law to add a new Section 210-b.

What is a Personnel Record?

The new law defines “personnel record” as “a 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.”

The new law further identifies the following written information or documents to be included in an employee’s personnel record to the extent prepared by the employer:

• 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 job application of the employee;
• Resumes or other forms of employment inquiry submitted to the employer in response to the employer's advertisement by the employee;
• All employee performance evaluations, including but not limited to, 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.

What are Key Employer Obligations Under the New Law?

1. Employer 10 Day Notice Provision: Employers are required to notify employees of information that is, has been used, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action within 10 days of placing the information in the employee’s personnel record.
2. Five-Day Production Rule: Employers must provide employees with a copy of their personnel records within five business days of the employee submission of a written request, without cost to the employee.
3. Retention Requirement: Employers must retain employees’ complete personnel records, without deleting or expunging any information, up to three years following an employee’s termination of employment with the employer.

What is the Current Recourse for Non-Compliance Under the New Law?

Employers may be subject to fines ranging between $500 to $2,500 for violations under the new law which is enforced by the New York State Attorney General’s office.

What Employee Protections are Afforded Under the New Law?

Employers may not discharge, threaten, penalize, or otherwise discriminate or retaliate against any employee who exercises their rights under this new law. The legislation specifies that to threaten, penalize, or in any other manner discriminate or retaliate against an employee includes but is not limited to threatening to contact or contacting United States immigration authorities or otherwise reporting or threating to report an employee’s or employee’s family or household member’s suspected citizenship or immigration status.

What Steps Should Employers Take Prior to the November 8 Effective Date of the Law?

When Governor Hochul signed the bill, she acknowledged ambiguities in the law which are expected to be addressed in an amendment in the new year.

While we anticipate clarifying amendments to the law, immediate next steps for employers prior to the November 8 effective date include training managers and human resources departments on identifying what constitutes a “personnel record,” outlining the internal procedures for retaining and gathering records, and compliance concerning employee rights and protections under the new law.

For More Information

For more information or to discuss, please contact a member of the Tarter Krinsky & Drogin Labor & Employment team.