New York Enacts New Personnel Records Law:
What Electrical Contractors Need to Know
All New York State employers will soon face new requirements concerning employee personnel records, including requirements to provide employees with copies of their personnel files and to notify employees when negative information is added to their file.
On September 9, 2026, Governor Hochul signed Senate Bill S.3460 into law, which takes effect on November 8, 2026. The law covers not only current employees, but former employees as well.
The new law warrants particular attention because personnel information is not necessarily limited to documents maintained in a formal human resources file. The statute broadly defines a “personnel record” based upon how a record is or may be used in making employment-related decisions. Employers should therefore review how information concerning employee performance, discipline, attendance, safety and similar issues is created, maintained and transmitted throughout their organizations.
I. What Is a “Personnel Record”?
The new law defines a “personnel record” as a record maintained by an employer that identifies an employee and that is used, has been used, or may affect or be used in connection with the employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action.
The law specifically identifies a number of items that constitute personnel records when prepared by the employer, including an employee's: name, address and date of birth; job title and job description; rate of pay and other compensation; date employment began; employment application and resume; performance evaluations; written warnings concerning substandard performance; probationary periods; waivers signed by the employee; termination notices; and other documents relating to disciplinary action. The breadth of the definition is expansive.
For contractors, that raises questions concerning documents such as written safety violations, attendance records, disciplinary memoranda, foreman reports and documented performance issues maintained outside of the formal HR file. Situations in which you may not have previously retained a copy of written warning now must be retained as part of the employee’s file. Employers should evaluate those practices before the law takes effect.
II. Employees Will Be Entitled to Copies of Their Personnel Records.
Also beginning November 8, a current or former employee may submit a written request for a copy of his or her personnel record up to two times per calendar year. The employer must provide the record within five business days.
The short five-business-day response period means contractors should establish a process for directing requests to the appropriate HR or management personnel immediately. Employers with third-party HR vendors may have difficulty locating and reviewing responsive documents within the statutory deadline, so protocols should be reviewed and put in place before the law goes into effect.
III. Employers Must Notify Employees of Negative Information.
In addition to the above, an employer must provide notice to an employee within ten days of placing information in the employee's personnel record if the information is, has been, or may be used to negatively affect the employee's: qualification for employment; promotion; transfer; additional compensation; or possibility of being subjected to disciplinary action.
While union members traditionally get a copy of any disciplinary slip, this requirement could substantially change existing practices for employers that historically maintain internal supervisory memoranda or similar documentation without issuing formal disciplinary write-ups, as these may now trigger the employee’s entitlement to be notified and review the document if the employer retains that memorandum for possible use in a future disciplinary or employment decisions.
IV. Employees May Dispute Information in Their Files.
The law also establishes a process through which employees can challenge information contained in their records. The employer and employee may mutually agree to correct or remove disputed information. If they cannot reach an agreement, the employee may submit a written statement explaining the employee's position. That statement must also become part of the employee's personnel record, and if the disputed information is later provided to a third party, the employee's responsive statement must also accompany it for however long the original information remains in the file.
The statute further provides additional protection where the employer places information in the record that the employer “knew or should have known to be false.” In such circumstances, the employee may pursue available remedies under the applicable CBA, other personnel procedures, or through judicial process to have the information expunged.
These provisions make accurate and contemporaneous documentation increasingly important. Supervisors should be trained to distinguish factual observations from speculation, avoid unnecessarily inflammatory language, and ensure that written disciplinary documentation can be substantiated if later challenged.
V. Records Generally Must Be Retained Until Three Years After Employment Ends.
Employers must generally retain an employee's complete personnel record throughout the employee's employment and for three years after termination of employment.
For union contractors, this requirement will certainly become burdensome, as workforces fluctuate based upon available projects. It is important to note that this record retention requirement is placed upon the employer and cannot be satisfied by the Joint Industry Board. Contractors should review existing document-retention policies to ensure that personnel records are not routinely destroyed shortly after an employee is laid off, discharged or otherwise leaves employment.
VI. Does the Law Address CBAs?
The statute does address CBAs, stating it does not supersede the terms of a CBA, so long as the CBA provides employees with at least substantially similar access to personnel records as the new law. In its current state, the Local 3 CBA does not provide substantially similar access to personnel records, so the law would prevail unless the employers and Union agree to additional policies.
VII. Penalties and Retaliation
Violations of this new law are subject to fines ranging from $500 to $2,500 enforced by the New York Attorney General. The law also expressly prohibits an employer from retaliating against an employee for exercising his or her rights under the statute.
Despite how burdensome it may be, an employee's request for a personnel file or an employee's decision to challenge information contained in the file should be treated as protected activity. Managers and supervisors should be cautioned against taking adverse action or even making adverse comments because an employee invoked these rights.
VIII. What Should Contractors Do Before November 8?
While employers may now be tempted to limit their policies of creating written records regarding employee conduct in order to avoid the burdens of this law, that is not advisable. Doing so for the purpose of avoiding the effect of this new law could expose employers to even bigger employment issues if they fail to properly document employee matters when appropriate.
Before the November 8 effective date, contractors should consider reviewing their personnel-file and record-retention practices; determine how best to quickly and efficiently produce records for review; and create protocols to notify employees when a negative record is placed in an employee’s file.