As we explored in our recent article, on 9 September 2026, New York Governor Kathy Hochul signed S.3460 into law, adding a new Section 210-b to the New York Labor Law.

Section 210-b takes effect on 8 November 2026 and gives current and former employees a first-time statutory right to access, and in some circumstances dispute, the contents of their personnel files.  Employers will also face new requirements around responding to access requests, notifying employees of negative information and retaining personnel records.

Below, we set out eight practical steps employers can take to prepare for the new law. For further information on the precise scope of Section 210-b, including the rights it gives employees and the obligations it places on employers, please refer to our more detailed article.

With little time remaining before the new law takes effect on 8 November 2026, employers should consider prioritising the following steps:

• Designate a process, including a specific person or team, to receive, log, and respond to written personnel-record requests within the five-business-day deadline.
• Inventory where personnel records are stored, including systems maintained by third-party payroll or HR vendors under contract, and confirm those records can be retrieved and produced within the time frame required under the new law.
• Confirm personnel records include, at a minimum, the specific categories the new law sets out, and that they are maintained in typewritten, printed, or indelible-ink form.
• Build a 10-day notice procedure into disciplinary and performance-management workflows or documentation, and a process for accepting and attaching employee rebuttal statements to the record.
• Review document retention schedules to confirm personnel records are retained without deletion for at least three years after separation and keep any written personnel policy on file at the appropriate office.
• If the workforce is unionised, compare existing CBA access provisions against the new law to confirm compliance.
• Train managers, supervisors, and HR on the new law’s requirements, including the prohibition on retaliation against employees exercising rights under Section 210-b.
• Update employee handbooks and personnel file policies to reflect the new access, notice, and rebuttal rights.