On September 9, 2026, Governor Kathy Hochul signed S.3460 into law, a statute that gives employees new rights to inspect and challenge the contents of their personnel records. The law takes effect on November 8, 2026, and applies to both public and private sector employees and former employees.

The statute defines a personnel record as records that are used, have been used, or may be used for decisions related to an employee’s qualifications for employment, promotion, transfer, additional compensation or disciplinary action. A personnel record includes, but is not limited to, job applications, resumes, performance evaluations, written warnings, probationary period records, disciplinary documents, pay information, job descriptions and employment details. The statute’s definition further extends to records maintained by third-party vendors acting on behalf of an employer.

Information of a personal nature that would clearly constitute an “unwarranted invasion” of another person’s privacy is not considered a personnel record under the law. The statute provides limited guidance on how that exclusion should operate in practice when employers are balancing employee access rights against confidentiality concerns.

The law also requires employers to notify employees if any information is placed in their personnel record that could negatively affect the employee’s qualification for employment. This broadly applies to information that could result in discipline or could negatively impact promotion, transfer or compensation.

Employers must provide employees with a free copy of their personnel file within five business days from receiving a written request. Employees can only make two requests per calendar year. However, requests prompted by the addition of negative information in an employee’s record do not count towards the annual limit.

Employees are entitled to challenge inaccuracies within their personnel record. If there is a disagreement regarding information contained in the record, the employer and employee may mutually agree to remove or correct the information. If they cannot reach an agreement, however, the employee may submit a written statement explaining their position. This statement must be added to the employee’s personnel record. If the employer shares an employee’s personnel record with a third party, the employee’s statement must be shared with the third party.

Employers must retain the complete personnel record of each employee throughout employment and for three years after the termination of employment. The statute makes it unlawful to discharge, retaliate against, threaten or penalize an employee who exercises any of the rights granted by the law. The New York State Attorney General’s Office is responsible for enforcing the statute, and violations may result in civil penalties ranging from $500 to $2,500.

Hancock Estabrook will continue to closely monitor this area and advise its clients as additional guidance emerges. Meanwhile, our labor and employment attorneys stand ready to assist clients as they prepare to meet these new requirements.