Governor Hochul recently signed legislation (Senate Bill 3460) that gives current and former employees new rights to access their personnel file. The law applies to all employers in the state regardless of headcount and takes effect on November 8, 2026. Key requirements include:

  • When an employee asks in writing for a copy of their personnel record, an employer needs to provide it within five (5) business days.
  • When an employer places negative information in an employee’s personnel record, the employer must give the employee notice of this information within ten (10) days. Negative information includes anything that could affect the employee’s qualifications for employment, promotion, transfer, compensation, or that could lead to disciplinary action.
  • Employers are not required to grant more than two (2) record reviews per calendar year. However, reviews triggered by the placement of negative information in the personnel record do not count toward that cap.
  • Employers must retain a complete personnel record for three (3) years after termination.
  • “Personnel record” is defined as a record kept by an employer that identifies an employee and is or could be used in connection with their qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. This includes records held by third-party vendors with agreements to maintain records for the employer and includes records reflecting:
    • name
    • address
    • date of birth
    • job title
    • job description
    • pay rate and other compensation
    • start date
    • job applications and resumes
    • performance evaluations
    • written warnings of substandard performance
    • probationary period records
    • waivers signed by the employee
    • termination notices

If an employee disagrees with information contained in their personnel record, the employer and employee may mutually agree to remove or correct it. If no agreement can be reached, the employee has the right to submit a written rebuttal, which becomes part of the personnel record. If the disputed information is later shared with a third party, the employee’s rebuttal must be included.