[US] New York enacts law establishing employee right of access to personnel records

On September 9 in the US, New York Governor Kathy Hochul signed Senate Bill 3460 into law. The bill adds a new Section 210-b to the New York Labour Law, establishing employee rights to access, obtain a copy of, inspect and dispute the contents of their personnel records, Duane Morris reports.

It will take effect on November 8, 2026.

Under the bill, significant new obligations on virtually all employers in the state will reportedly be imposed regarding notification, recordkeeping and retention of employee personnel records, as well as anti-retaliation, each carrying financial penalties for noncompliance.

Governor Hochul stated in her Approval Memorandum, when signing the bill, that it contains ambiguities which need to be resolved, and that she reached an agreement with the New York Legislature to address those ambiguities in the 2027 New York legislative session. 

According to Duane Morris, these uncertainties include “clarifying 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.”

Source: Duane Morris

On September 9 in the US, New York Governor Kathy Hochul signed Senate Bill 3460 into law. The bill adds a new Section 210-b to the New York Labour Law, establishing employee rights to access, obtain a copy of, inspect and dispute the contents of their personnel records, Duane Morris reports.

It will take effect on November 8, 2026.

Under the bill, significant new obligations on virtually all employers in the state will reportedly be imposed regarding notification, recordkeeping and retention of employee personnel records, as well as anti-retaliation, each carrying financial penalties for noncompliance.

Governor Hochul stated in her Approval Memorandum, when signing the bill, that it contains ambiguities which need to be resolved, and that she reached an agreement with the New York Legislature to address those ambiguities in the 2027 New York legislative session. 

According to Duane Morris, these uncertainties include “clarifying 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.”

Source: Duane Morris