Starting November 8, New York workers will have a new way to check what their employer has recorded about them. The state law requires public and private employers to provide personnel records—including performance reviews, written warnings and disciplinary documents—when current or former employees request them in writing.
Gov. Kathy Hochul signed Senate Bill S3460 on September 9, creating Section 210-b of the New York Labor Law, according to Gibson Dunn. The New York Post also reported on the new right to inspect workplace records.
What Workers Can Request
The law covers all public and private employers in New York, with no minimum employee count, and applies to current and former staff, according to Gibson Dunn’s analysis of the statute. Covered records can include basic employee and job information, compensation history, employment dates, job applications, performance evaluations, written warnings of substandard performance and other documents related to disciplinary action. Employers must keep a complete personnel record from the date of hire until three years after separation, so former employees retain access during that period.
How These Records Fit With Other Access Rules
The personnel-file law is separate from New York’s existing payroll-recordkeeping requirements: the New York State Department of Labor says employers must maintain copies of payroll records for six years. That requirement concerns payroll records, while Section 210-b sets access and retention rules for personnel records. For government records, the New York Committee on Open Government’s annual report describes the Freedom of Information Law (FOIL) as applying to government-agency records, subject to statutory exceptions. FOIL is a public-access route distinct from an employee’s request to inspect their own personnel file.
To see a file, a worker must submit a written request. The employer then has five business days to provide a free copy. Workers may request a review up to twice per calendar year; a review prompted by an employer’s notice about negative information does not count toward that limit.
When Employers Must Give Notice
A separate provision requires notice when an employer adds information that has affected, or could affect, an employee’s qualification for employment, promotion, transfer or additional compensation, or could lead to disciplinary action. The employer must notify the employee within 10 calendar days.
Workers may challenge information in their files and add a written statement giving their account. That rebuttal is distinct from seeking expungement, which may be available in some cases when the employer knew or should have known the information was false. The law also prohibits retaliation for exercising these rights and authorizes the New York Attorney General to enforce the anti-retaliation protections.
Enforcement and What Employers Should Know
Violations can result in fines of $500 to $2,500 per violation, with enforcement handled by the Attorney General’s office. Holland & Knight has advised New York employers to prepare for the law’s access and notice requirements while further guidance develops, according to Holland & Knight.
Gibsondunn.com also flags that lawmakers aren't done tinkering with the statute. Amendments are expected when the state Legislature's next session opens in January 2027, and those changes are anticipated to clarify that employers won't be required to create personnel files or generate new documents beyond what they already maintain — addressing one of the more ambiguous corners of the current text.
