New York has enacted legislation significantly expanding employees' rights to access their personnel records. Governor Kathy Hochul signed Senate Bill S.3460 into law on September 9, 2026. The new law applies to current and former employees and takes effect November 8, 2026. Historically, New York private-sector employees generally did not have a broad statutory right to inspect or obtain their personnel files. The new law establishes a right for current and former employees to request and receive copies of their personnel records.

Under the new requirements:

• Employees may submit a written request for their personnel records, generally up to twice per calendar year.

• Employers generally must provide the requested records within five business days at no cost to the employee.

• The definition of a personnel record is broad and may include employment applications, resumes, job information, compensation information, performance evaluations, disciplinary records, written warnings, termination notices, and other employment-related records.

• Records maintained by a third party under contract with the employer may also be covered.

• If an employer places information in a personnel record that could negatively affect an employee's employment, promotion, transfer, compensation, or potential for disciplinary action, the employer must notify the employee within 10 days.

• Employees may submit a written statement disputing information in their personnel record, and that statement must be included with the record.

• Personnel records must generally be retained from the employee's date of hire through three years after termination.

• The law prohibits retaliation against employees who exercise these rights.

What C2 Clients Should Do

If a current or former New York employee submits a written request for their personnel records, promptly forward the request to the C2 Emerald HR Team for processing and review. C2 will coordinate the response for personnel records maintained by C2 and determine the appropriate method for providing the responsive records. Clients should not independently respond to the request or direct the employee to the HRIS without first coordinating with C2. Clients should also:

• Review what employee records they maintain outside of C2 systems.

• Ensure managers understand that employee personnel-record requests should be promptly referred to C2.

C2 will continue to monitor New York guidance and implementation developments and will provide additional information as appropriate.

Official New York Resources

• New York State Senate – S.3460

• New York State Department of Labor

• New York State Attorney General – Workers' Rights