October 27, 2026
Legal Alert
Employers Are Encouraged to Comply with New Enforcement Regulations Prior to November 8 to Avoid Financial Penalty
Key Highlights
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:
What are Key Employer Obligations Under the New Law?
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.