New York Law Grants Employees Access to Personnel and Disciplinary Records
A new state law effective November 8 empowers workers to review and dispute their employment records.
New York employees will soon have expanded rights to access their personnel and disciplinary records, following the enactment of a new state law. Governor Kathy Hochul signed Senate Bill 3460 into law in early September, adding Section 210-B to the New York Labor Law. The legislation, set to take effect on November 8, will allow both current and former employees of public and private employers to request and view their employment records.
Under the new law, employees can submit a written request to access their personnel files. Employers are then required to provide access within five business days. This right is limited to two occasions per calendar year for each employee, as noted by Barclay Damon LLP.
In addition to granting access, the law mandates that employers inform employees of any new negative information added to their personnel files. This includes any content that could impact an employee's qualification for employment, promotion, transfer, additional compensation, or disciplinary action. Employers must provide this notification within 10 days of filing the information, with this period not counting towards the two standard annual review requests.
These provisions extend to former employees as well. Employers will be required to provide access to these records for up to three years after an individual's employment has ended.
Employees who wish to dispute information within their files have two options. They can either negotiate with their employer to have the information expunged, or they can submit a written statement explaining their position, which will then be added to their personnel file. The scope of what constitutes a personnel file is broad under the new law, encompassing basic employee information, performance evaluations, and disciplinary records.
The legislation also incorporates protections against employer retaliation for employees who exercise their rights under this new law. Violations may result in fines ranging from $500 to $2,500 for each infraction, to be enforced by the New York Attorney General.
New York joins at least 19 other states that have implemented similar laws granting private sector employees access to their personnel files. Legal practice Holland & Knight anticipates potential amendments in 2027 to address ambiguities in the current text, such as clarifying that employers are not obligated to create records they have not already maintained. Nevertheless, the firm advises New York employers to begin preparing for the core requirements of the law, including record access and notification procedures, while staying informed of further developments.