Written by Robin Kallor and Amanda Blake

On November 8, 2026, New York State's new personnel record law goes into effect. Signed by Governor Kathy Hochul on Sept 8, Senate Bill S3460 adds Section 210-b to the New York Labor Law. This section includes new notice, record keeping and anti-retaliation requirements which both private and public sector employers should be aware of ahead of this law's enactment to ensure compliance. 

What is a personnel record? (NY CLS Labor § 210-b(1)(c))

Under NY CLS Labor § 210-b, a personnel record means a record kept by an employer that identifies an employee, to the extent that the record is, has been, or may be used relative to such employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action.

Which Employers are covered? (NY CLS Labor § 210-b(1)(b))

The newly enacted law covers almost all employers. This includes individual employers; corporations, partnerships; labor organizations; unincorporated associations; any commercial entities, including agents of such employers; any government entities; and any other public employer as defined in N.Y. CLS Civ S. § 201(6)(a).

Which Employees are covered? (NY CLS Labor § 210-b(1)(a))

This law covers any person currently or formerly employed by an employer.

What must an employer keep in an employee's personnel records? (NY CLS Labor § 210-b(1)(c) & (NY CLS Labor § 210-b(5))

In maintaining an employee's personnel records, an employer must include the employee's: name; address; date of birth; job title and description; rate of pay and any other compensation paid to the employee; starting date; job application; resumes or other forms of employment inquiry submitted by the employee to the employer in response to the employer's advertisement; all employee performance evaluations, including but not limited to, evaluation documents; written warnings of substandard performance; lists of probationary periods; waivers signed by the employee; copies of dated termination notices; any other disciplinary action; and a record in the possession of a person, corporation, partnership or other association that has a contractual agreement with the employer to keep or supply a personnel record as provided in this section.

These records must be maintained in either typewritten or printed form or may be handwritten in indelible ink. Additionally, while these documents are specifically mentioned as required under NY CLS Labor § 210-b(1)(c), this list is not exclusive. Employers must be mindful that any record which is, has been, or may be used related to the employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action must be included in such employee's personnel records.

Additionally, if an employer elects to have a written personnel policy regarding the terms and conditions of employment, such as an employee manual, the policy must be continuously maintained at the office of the employer where personnel matters are administered.

What is not included in an employee's personnel records? (NY CLS Labor § 210-b(1)(c))

While the new law requires an employer to keep certain information in an employee's personnel records, it also bars an employer from keeping any information of a personal nature about any person other than the employee if disclosure of such information would constitute a clearly unwarranted invasion of such other person's privacy.

How long must an employer keep an employee's personnel records? (NY CLS Labor § 210-b(4))

An employer must keep an employee's personnel files throughout their period of employment without deletions or expungement of information from the date of the employee's employment and for three years after the termination of the employee's employment with such employer.

Impact of new law on collectively bargained employment agreements. (NY CLS Labor § 210-b(6))

The new law carves out an exception for terms of collective bargaining agreements that relate to employee personnel records. The law does not supersede any such agreement provided employees covered by the agreement are given substantially similar access to their records according to the agreement's terms.

Notice requirements (NY CLS Labor § 210-b(2))

Employers must notify their employees within ten (10) days of placing any information which is, has been, or may be used to negatively affect the employee's qualification for employment, promotion, transfer, additional compensation or possible disciplinary action. 

Request and disclosure (NY CLS Labor § 210-b(2))

Employers must provide, at no cost to the employee, a copy of an employee's personnel records within five (5) business days of such employee submitting a written request for their records to their employer. However, an employer is not required to allow an employee to review their personnel record more than two times per calendar year. An employer's notification when adverse information is included in an employee's personnel record does not count towards this annual limit.

Disputes and retention (NY CLS Labor § 210-b(3))

If there is a disagreement regarding any of the information contained in a personnel record, an employer and employee may mutually agree to remove or correct such information. If the parties are unable to reach an agreement, the employee may submit a written explanation of their disagreement and position which must be maintained in the employee's personnel records. The employee's written statement must also be included whenever a copy of their personnel records are transmitted to a third party as long as the originally disputed information is retained.

The information contained in a personnel record may be removed for any reason upon the mutual agreement of the employer and employee.

Anti-Retaliation Provision (NY CLS Labor § 210-b(8))

The new law also makes it a violation for an employer, or any other person, to discharge, threaten, penalize, discriminate or retaliate in any other manner, against an employee who exercises their rights under NY CLS Labor § 210-b. This includes reporting or threatening to report an employee's suspected citizenship or immigration status, and/or suspected citizenship or immigration status of an employee's family or household member to a federal, state or local agency.

Enforcement (NY CLS Labor § 210-b(7) & (NY CLS Labor § 210-b(3))

The State Attorney General has been given the power to enforce the provisions of NY CLS Labor § 210-b. An employer or any other person who violates this section shall be punished by a fine of no more than twenty-five hundred dollars ($2,500) and no less than five hundred dollars ($500). As written, the law does not provide employees with a private right of action for violation of the law's anti-retaliation provision.

Should an employer place information it knew or should have known to be false in an employee's personnel records, the employee does have a private right of action to seek remedy through either the collective bargaining agreement, other personnel procedures or judicial process to have such information expunged.

How can employers prepare for November 8^th

Employers should ensure that managers are aware of legal requirements of this new law to ensure compliance.  Employers should also confirm that any relevant written personnel policy regarding the terms and conditions of employment is maintained at the office where personnel matters are administered. 

Employers should also ensure that they have implemented processes to provide the proper ten (10) day notice of adverse information for their employees. Additionally, employers should implement a process for an employee to request their personnel records. This should include a process to allow former employees to request such records.

Finally, employers should be mindful that the anti-retaliation provisions of this law are not limited to the employer as the entity.  It applies to any other person who retaliates against an employee for exercising their rights under this new law.

If you have any questions about these legal requirements, please contact Robin Kallor or the attorney from Rose Kallor, LLP with whom you already work.