By Nicholas J. Fiorenza, Association Counsel, Ferrara Fiorenza PC

On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460 into law, creating a massive shift in how New York State employers are required to maintain and disclose employee documentation. In an amendment to the New York Labor Law creating new section 210-b, this legislation grants both current and former employees unprecedented access to their personnel files. The new requirements mandate come with short compliance timelines and introduce employer notification requirements for “negative information” residing in personnel files.

The law takes effect on November 8, 2026 (60 days post-signing) and applies broadly to private and public sector businesses. Members are advised to review, and likely amend, their HR processes now to ensure compliance.

Key Provisions of the Law

The legislation introduces four new employer mandates that completely reshape workplace record-keeping:

1. Broad Definition of “Personnel Record”

Do not assume a personnel record is limited to your single folder in HR. The law defines these records expansively to include any physical or digital document that affects an employee’s qualifications, promotions, transfers, compensation, or disciplinary status.

This includes:

• Basic personal details, original job applications, and formal job descriptions.
• Performance evaluations, written warnings, and termination notices.
• Electronic files and data managed by third-party HR or payroll vendors.

2. Swift Record Turnaround and Request Frequency Rules

• Upon receiving a written employee request, employers must provide a complete copy of the personnel record within 5 business days at absolutely no cost to the worker. (Note: Pending legislative amendments in early 2027 may eventually extend this to 10 days, but businesses must prepare for the 5-day rule this November).
• Employees are capped at two requests per calendar year (unless an additional request is triggered by new negative information).
• The right to request files extends to former workers as well. Employers are now required to maintain these personnel records for at least three years following an employee’s separation for any reason.

3. Mandatory 10-Day Notification of “Negative Information”

In one of the law’s most significant provisions, employers must notify an employee in writing within 10 days of placing any “negative information” into their file. This applies to any documentation that could adversely affect their professional standing, future promotions, compensation, or disciplinary record. Compliance with this provision will require employers to carefully evaluate the creation of emails, internal memoranda and other operational notes which could fall under the broad definition of negative information.

4. The Right to Dispute and Rebut File Contents

If an employee disagrees with information contained in their file, the law provides avenues for employees to contest or remove their employer’s documentation.

First, the employer and employee can mutually agree to remove or modify the disputed information.

In addition, and if the employer declines to remove the information, the employee now has the statutory right to submit a permanent written rebuttal statement that must remain attached to the disputed record for as long as it exists.

Enforcement, Fines, and Retaliation Risks

An employer’s violation of Section 210-b carries significant legal consequences:

• The New York Attorney General can levy civil penalties ranging from $500 to $2,500 per violation.
• Employees have the right to seek court orders to correct or remove known false information from their files.
• The law explicitly prohibits punishing or retaliating against any worker who requests their file or submits a rebuttal. Retaliation claims carry a private right of action, exposing non-compliant businesses to costly civil lawsuits.

Next Steps for Association Members

While technical clarifications and “Chapter Amendments” are anticipated when the legislature reconvenes in January 2027, the underlying compliance framework becomes live on November 8, 2026.

To protect your business, we highly recommend taking the following steps:

1. Centralize digital and physical records so they can be compiled and delivered securely within the 5-business-day window.
2. Ensure supervisors understand that informal, undocumented “notes” or emails regarding performance might legally qualify as personnel records—and that “negative information” triggers a strict 10-day clock.
3. Establish a compliance protocol including a clear, standardized pipeline for receiving, verifying, and fulfilling employee record requests.
4. Audit and evaluate the structure and content of existing personnel files.

Additional Member compliance assistance is available by contacting  Association President Tim Freeman at (716) 691-3211, tim@printcommunications.org or Association Counsel Nick Fiorenza at (315) 437-7600, njfiorenza@ferrarafirm.com.

Nicholas J. Fiorenza, Association Counsel
Ferrara Fiorenza PC
(315) 437-7600