Beginning November 8, 2026, all New York employers will be subject to a new personnel records law that grants current and former employees the right to access, review, and challenge information contained in their personnel files. The law, enacted through S3460, creates new employer obligations related to record access, employee notifications, record retention, and anti-retaliation protections.
The legislation is intended to increase transparency surrounding employment-related records and personnel decisions. Organizations should begin reviewing their policies, recordkeeping practices, and employee relations procedures to prepare for compliance.
Key highlights of S3460
- Current and former employees may request a copy of their personnel records in writing, and employers must provide the records within five business days at no cost.
- Employees must be permitted to review their personnel records up to two times per calendar year.
- Employers must notify employees within 10 days when information is added to a personnel record that may be used to negatively affect employment, promotion, transfer, compensation, or disciplinary decisions.
- If an employee disputes information in a personnel record and the parties cannot agree to correct or remove it, the employee may submit a written rebuttal that becomes part of the personnel record.
- Employers must maintain personnel records throughout employment and for three years following separation from employment.
- The law prohibits retaliation against employees who exercise their rights under the statute. Violations may result in civil penalties ranging from $500 to $2,500 per violation and may be enforced by the New York Attorney General.
Does this impact Form I-9 compliance?
While New York’s new personnel records law does not directly regulate Form I-9s or employment eligibility verification, employers should review how I-9 and onboarding records are maintained. Organizations that store Form I-9s separately from personnel files will be better positioned to manage employee access requests while maintaining compliance with federal immigration recordkeeping requirements. Employers should also ensure that employment authorization, reverification, and onboarding records are accurate and consistently maintained in anticipation of increased employee access to employment records.
What employers should do now
Employers should review personnel record policies and procedures, assess where personnel records are maintained, and train HR professionals and supervisors on the new requirements. With the effective date approaching, proactive preparation can help employers comply with the law’s new access, notice, and recordkeeping obligations while reducing administrative and legal risk.
This article is intended for informational purposes only and is not legal advice. Employers should consult legal counsel regarding the application of New York’s personnel records access law to their specific circumstances and monitor future legislative or regulatory developments that may affect compliance requirements.
Vijay Thakkar has more than 12 years of HR Operations experience, including 8 years helping employers improve their Form I-9 management and E-Verify compliance, especially for mergers & acquisitions, internal and external I-9 audits, training and development, migration to the electronic system, I-9 escalations, quality checks, strategic planning, and building standard operating procedures with a keen interest in US immigration and global mobility.
Prior to joining Experian, Thakkar has served as Levi Strauss & Co’s I-9 subject matter expert, an investigator to the behavioral health unit at the US Army, and Sustainability Analyst at his alma mater the University of Texas at Arlington from where he earned his Master’s in Human Resource Management and MBA.
