New York Introduces Personnel Records Access Law

Governor Kathy Hochul recently signed Senate Bill S3460^[1] into law, which adds Section 210-b to the New York Labor Law (“NYLL”), imposing additional requirements on New York employers concerning employees’ personnel records as of November 8, 2026.

Section 210-b grants all private and public sector current and former employees a statutory right to access and dispute their personnel records. Section 210-b also imposes significant obligations on all New York employers, including mandatory notification when negative information is added to an employee’s personnel record, a duty to provide copies of personnel records within five business days of a written request, record retention requirements, and anti-retaliation provisions.

Section 210-b: Operative Scope

Definition of an “Employer”

Section 210-b applies to virtually all employers in New York. It defines “employer” as any individual, corporation, partnership, labor organization, unincorporated association, or any other legal business, expressly including governmental entities and public employers as defined in the Civil Service Law, and commercial entities and agents of such employers.^[2] The statute does not include a size threshold and applies to all employers regardless of size or employee headcount.

Definition of an “Employee”

Section 210-b applies to both current and former employees.^[3]

Personnel Record

Section 210-b employs an expansive definition of “personnel record,” defining it 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.”^[4]

Notably, the definition excludes information of a personal nature about a person other than the employee if disclosure would constitute a clearly unwarranted invasion of that other person's privacy.^[5]

Personnel records must be maintained in type-written or printed form or they may be handwritten in indelible ink.^[6]

Section 210-b provides a non-exhaustive list of documents that qualify as a personnel record if they are prepared by an employer regarding an employee:

• employee’s name, address, date of birth, job title and description;
• employee’s rate of pay and any other compensation paid to the employee;
• the starting date of employment;
• employee’s job application, and resumes or other forms of employment inquiry submitted in response to the employer’s advertisement;
• employee’s performance evaluations;
• written warnings of substandard performance and any other documents relating to disciplinary action regarding the employee;
• copies of dated termination notices; and
• lists of probationary periods and waivers signed by the employee.^[7]

Third Party Payroll and HR Vendors Not Exempt

Section 210-b is not limited to records maintained by employers. The term ‘personnel record’ also includes records maintained by or in the possession of a third-party person, corporation, partnership or other association that has a contract with the employer to keep or supply these records.^[8] This includes third-party payroll providers and HR Vendors who usually maintain these records for employers.

Notification of Negative Information

An employer is required to notify an employee within ten days of including any information in an employee’s personnel record that 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.^[9]

Employee’s Right to Access and Review Personnel Record

An employer is also required to provide an employee with a free copy of the employee’s personnel record within five business days of receiving a written request.^[10] An employee is only allowed to review his or her personnel record twice in a calendar year.^[11] However, an employee’s request to review his or her personnel record after being notified of the inclusion of negative information in the personnel record is not counted as part of the two-review limit.^[12]

Employee’s Right to Rebut and Expunge Information in Personnel Record

If the employer and employee disagree about any information contained in the employee’s personnel record, and cannot mutually come to an agreement on removal or correction of such information, the employee can submit a written statement explaining his or her position.^[13] This explanation becomes a part of the employee’s personnel record and must be included when the said information is transmitted to a third party.^[14] If an employer places information in a personnel record that the employer knew or should have known to be false, the employee can use the collective bargaining agreement, other personnel procedures, or judicial process to have the information expunged.^[15]

Three-Year Retention Period

Section 210-b also institutes a three-year retention period, requiring employers to retain employees’ complete personnel records without deletions or expungement of information from the date of employment through three years after termination.^[16]

Maintenance of Written Personnel Policy

If an employer chooses to have a written personnel policy regarding the “terms and conditions” of employment, such policy must be continuously maintained at the office of the employer where personnel matters are administered.^[17] An employee handbook which describes the “terms and conditions” of employment will be considered a written personnel policy and must be maintained in accordance with this section.

Protection Against Retaliation

Section 210-b provides protection against retaliation for employees. An employer cannot discharge, threaten, penalize, or discriminate or retaliate against any employee who exercises rights under the statute.^[18] The statute express includes threats to report an employee’s or family member’s suspected immigration or citizenship status to a federal, state or local agency as retaliation.^[19]

Fines for Violations

Violations of Section 210-b are punishable by a fine not less than $500 and not more than $2,500.^[20] The authority to enforce Section 210-b has been vested in the New York Attorney General.^[21]

Anticipated Amendments

Section 210-b is expected to undergo certain amendments. In her approval memorandum, Governor Hochul noted that S3460’s language contained certain ambiguities and she had reached an agreement with the legislature to address her concerns in the upcoming legislative session. The memorandum notes that amendments to Section 210-b would clarify that “employers are not required to create a personnel file or produce new documents beyond the records they currently maintain, and that personnel files only include records or documents used to determine an employee’s qualifications for hiring, retention, promotion, transfer, additional compensation, or disciplinary action.”^[22]

Next Steps for Employers

Section 210-b imposes significant obligations on New York employers. In order to comply with these obligations, employers should:

• Develop and institute a policy to comply with their Section 210-b obligations. This policy should clearly define which documents constitute personnel records, provide a procedure for maintaining personnel records, and responding to requests for personnel records. This policy should also include a procedure for engaging with employees’ disagreements with information contained in their personnel records, including inclusion of any rebuttal statement in the personnel records.
• Establish a mechanism for complying with ten-day notice period after negative information is added to a personnel record. Employers should ensure that they properly document such notices.
• Educate HR personnel about Section 210-b obligations and train them to implement the new policy.
• Inform third-party payroll providers of Section 210-b obligations and employer’s policy on personnel records. Review contracts with third-party payroll providers to ensure that such contracts require the payroll vendor to properly retain personnel records and timely respond to requests for personnel records.
• Monitor developments for chapter amendments to Section 210-b.

Contact

If you would like assistance from our law firm, including how Section 210-b may affect you, please do not hesitate to contact Scott R. Matthews or Arshiya Sharda of our Employment and Employee Benefits Practice Group, or your Windels Marx relationship lawyer.

Disclaimer

Possession of this material does not constitute an attorney/client relationship. This information is provided for your convenience and does not constitute legal advice. It is prepared for the general information of our clients and other interested persons and it may include links to websites other than the Windels Marx website. This information should not be acted upon in any particular situation without first consulting with an attorney and obtaining legal advice based on your facts and circumstances.

Scott R. Matthews
Partner
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Arshiya Sharda
Associate
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