New York employee personnel records access right takes effect Nov. 8; severance release bill awaits governor
Key points
- S3460 was signed on September 9 and creates Labor Law Section 210-b
- From November 8, current and former employees may access their personnel records
- Employers must provide a copy within five business days of a written request, regardless of size
New York Governor Kathy Hochul signed S3460 on September 9, 2026, creating Section 210-b of the Labor Law. From November 8, 2026, current and former employees may access their personnel records. Employers must provide a copy within five business days of a written request, regardless of size or location. A separate bill that would impose mandatory consideration and revocation periods on severance agreements containing release-of-claims provisions still awaits the governor's signature. Not legal advice.
What employers should do
- Update personnel record request procedures to provide copies within five business days by November 8
- Monitor the pending severance agreement bill and its impact on release terms
Policy details
- Jurisdiction
- New York
- Status
- In effect
- Effective date
- 2026-11-08
- Employers covered
- All employers with employees working in New York, regardless of size or location
- Official source
- View official source ↗
Original report: WilmerHale ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.