As of May 19, 2026, the New York State Legislature has passed legislation to allow employees to obtain copies of their personnel files. If enacted, the legislation would impose significant new administrative obligations on both private and public employers across New York State. The bill (Senate Bill S3460 / Assembly Bill A2107) would add a new section 210-b to the New York Labor Law.
At present, New York generally does not require employers to provide employees with access to personnel files. This legislation would represent a major change in that framework.
Current Status of the Legislation
Both the NYS Senate and Assembly have voted to pass the bill. It will not become law until sent to and approved by the Governor. That process could begin any time, but could take until late 2026.
If signed, the law would create new employee rights concerning:
- Obtaining personnel files
- Notice regarding negative information placed in files
- Employee rebuttal statements
- Maintaining personnel policies
Similar legislation has been introduced in multiple prior sessions but has not previously become law.
What the Bill Would Require
The legislation would primarily give current and former employees the right to obtain copies of their personnel records. Employers would generally have to provide employees a copy of their personnel records within five business days of a written request.
Former employees would retain this right for three years following separation from employment.
The bill would also prohibit retaliation against employees who exercise rights under the statute.
What Counts as a “Personnel Record”?
The proposed definition of “personnel record” is relatively broad, but not without ambiguities.
Specifically, it is defined 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 bill further specifically states that personnel records would include all of the following information or documents if prepared by an employer regarding an employee:
- Name
- Address
- Date of birth
- Job title
- Job description
- Rate of pay
- Other compensation
- Starting date
- Job application
- Resumes
- Employee evaluations
- Written warnings
- Lists of probationary periods
- Waivers signed by the employee
- Copies of dated termination notices
- Any documents related to disciplinary action
The bill also makes clear that personnel records can encompass documents not kept directly by the employer. The definition would include covered records in the possession of a third party that has a contractual agreement with the employer to keep or supply personnel records. This could include, for example, records maintained through an outside payroll provider, HR platform, or other vendor.
At the same time, the bill 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. This limitation could become important where documents involve more than one employee, such as complaints, witness statements, or disciplinary matters involving multiple individuals.
Notice of Negative Information
The law would also require employers to notify an employee within 10 days after placing negative information in the employee’s personnel record.
This requirement would apply to 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 of disciplinary action.
This notice requirement could be more burdensome than the inspection right itself. Employers commonly place written warnings, performance evaluations, disciplinary documents, or other performance-related materials in personnel files. If this bill becomes law, employers may need an internal process to ensure employees receive timely notice of such materials.
The bill does not specify exactly what form the notice must take. In many cases, employers may already provide the employee with the document at issue, such as a written warning or performance evaluation. But employers should not assume current practices will always satisfy the new statutory requirement without further review.
Obtaining Copies of Personnel Files
The new law would permit employees to request a copy of their personnel file from their employer. Upon written request, an employer must provide a copy, at no cost to the employee, within five business days.
The bill also provides that employers would not be required to give employees a copy of their personnel records more than twice in a calendar year. However, a review triggered by the placement of negative information in the personnel record would not count against those two annual reviews.
The bill does not limit what an employee can do with their own personnel record. While personnel documents are typically considered the employer’s property, once the employee receives a copy, they may show them to attorneys or other third parties. As a practical matter, employers should expect that some requests may arise in connection with disputes, disciplinary proceedings, union matters, or threatened litigation.
Employee Rebuttal Statements
If the employer and employee disagree about information in the file, they may mutually agree to remove or correct it. If they do not reach agreement, the employee may submit a written statement explaining the employee’s position. That statement would then become part of the personnel record. If the disputed information is later transmitted to a third party, the employee’s statement must be included as long as the original information remains part of the file.
The bill also states that if an employer places information in a personnel record that the employer knew or should have known was false, the employee may seek to have the information expunged through a collective bargaining agreement, other personnel procedures, or judicial process. Without elaboration, it’s unclear whether the legislation requires all employers to offer such a process. And there is no generally applicable judicial process in place for expunging materials from personnel files.
Record Retention
The bill would require employers to retain an employee’s complete personnel record from the date of employment until 3 years after the employee’s termination. Such record must be kept without deletions or expungement, except where removal or correction is permitted under the statute.
Many employers already retain personnel files for at least this long. But the proposed retention requirement may still require review, especially for employers that maintain records across multiple systems, locations, or third-party platforms.
Written Personnel Policies
The bill also addresses written personnel policies. This appears to be practically unrelated to “personnel records,” and “personnel policies” is not defined in the bill.
According to the legislation, if an employer chooses to have a written personnel policy regarding terms and conditions of employment, the policy must be “continuously maintained at the employer’s office where personnel matters are administered.”
This provision does not appear to require employers to adopt written personnel policies. However, many employers already maintain handbooks or written policies that could potentially fall within this language.
Overall, this provision appears to be an afterthought to the primary legislative objective and lacks clear parameters.
Collective Bargaining Agreements
The bill includes a provision addressing unionized workplaces. It states that the law would not supersede the terms of a collective bargaining agreement if the agreement provides employees with at least substantially similar access to personnel records.
For unionized employers, this means existing contract language should be reviewed. Many collective bargaining agreements already contain provisions addressing personnel file access, employee rebuttals, union representative access, or removal of disciplinary records. Those provisions may or may not be sufficient depending on how closely they align with the new statutory rights.
Penalties and Anti-Retaliation Protection
Violations would be punishable by a fine of not less than $500 and not more than $2,500. The bill assigns enforcement authority to the New York Attorney General.
The bill also prohibits employers and others from discharging, threatening, penalizing, discriminating against, or retaliating against an employee for exercising rights under the statute.
The anti-retaliation language is broad. It specifically includes threats to contact, or actual contact with, immigration authorities regarding the suspected citizenship or immigration status of an employee or an employee’s family or household member.
Practical Impact for Employers
If signed into law, this legislation would likely require many New York employers to reassess how they create, store, and maintain personnel records. Because the bill contains several unclear provisions, it is possible that the Governor could veto it or seek clarifying amendments before signing.
Among the burdensome aspects of the bill, employers would need to review supervisor documentation practices. Not all employee documents live in the official HR file. Managers may keep notes, emails, draft memoranda, or other records that could become relevant depending on how the statute is interpreted and applied.
Steps Employers Can Consider Now
Because the bill has not yet become law, employers do not need to make immediate changes. However, employers may want to begin evaluating current practices in case the legislation becomes law.
Useful preparation steps may include:
- Reviewing what documents are currently in personnel files
- Identifying where employee records are stored, including third-party systems
- Reviewing procedures for written warnings, evaluations, and disciplinary records
- Determining whether employees are always notified when negative information is placed in their files
- Reviewing personnel file access provisions in collective bargaining agreements
- Confirming personnel record retention practices
- Identifying who would be responsible for responding to employee requests
Employers should continue monitoring the bill’s status. By its terms, it would take effect 60 days after the Governor signs off.
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