New York: Employee Right to Access Personnel Records
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APPLIES TO
All Employers with Employees in NY |
EFFECTIVE
NOV 8, 2026 |
QUESTIONS?
Contact HR On-Call
(888) 378-2456
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Quick Look
- Effective November 8, 2026, SB S3460 creates a statewide right for current and former employees to access, review, and challenge information included in their personnel records.
- Employees have the right to access their personnel records at least twice per year within five business days after providing a written request to their employer.
- Employers also have new record retention, disclosure, and notice obligations.
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Discussion
Effective November 8, 2026, SB S3460 creates a statewide right for current and former employees to access, review, and challenge information included in their personnel records. Employees have the right to access their personnel records at least twice per year within five business days after providing a written request to their employer. If employees disagree with the contents of their personnel records, they are able to submit a written statement to be included.
Employers also have new record retention, disclosure, and notice obligations. The law specifies that personnel records must include: employment applications and resumes; job titles and descriptions; compensation information; employment start dates and dated termination notices; employee evaluations and performance reviews; written warnings of substandard performance; written warnings regarding discipline and other disciplinary action documents; records regarding probationary periods; and employee-signed waivers. Employers must notify employees within ten days when negative information affecting qualification for employment, promotion, transfer, additional compensation, or the possibility that an employee will be subject to disciplinary action is filed against them. Employers must retain the file from the date of employment to a minimum of three years after the termination of employment.
Employees also have protection against retaliation or discrimination for exercising their rights under the law. Violations of the law are subject to a fine between $500 and $2,500 per violation. Employees also have a private right of action. Employers should note that Governor Hochul requested an amendment to the law to clarify additional guidance on the contents of the personnel file by the next legislative session. Employers should continue monitoring the law for additional changes in 2027.
Action Items
- Review personnel records for compliance with the new requirements.
- Establish notification procedure for employees when negative information is added to personnel records.
- Review process to ensure timely response to written requests for personnel records.
- Have appropriate personnel trained on the requirements.
New York: Proposed Workplace Opioid Antagonist Regulations
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APPLIES TO
All Employers with Employees in NY |
EFFECTIVE
As Indicated |
QUESTIONS?
Contact HR On-Call
(888) 378-2456
|
Quick Look
- Effective December 13, 2026, New York law requires employers federally required under the Occupational Safety and Health Act and related standards to have first aid supplies readily available for the treatment of injured employees to include an opioid antagonist such as naloxone or Narcan.
- The proposed regulations only require that a “sufficient number” of opioid antagonists be available without specifying an amount.
- Employers must also recruit volunteers to be trained on administering the opioid antagonist.
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Discussion
Effective December 13, 2026, New York law requires employers federally required under the Occupational Safety and Health Act and related standards to have first aid supplies readily available for the treatment of injured employees to include an opioid antagonist such as naloxone or Narcan. The New York State Department of Labor has now issued proposed regulations to implement the law.
The proposed regulations only require that a “sufficient number” of opioid antagonists be available without specifying an amount; however, factors like the workplace’s size, layout, number of people who access the location for work-related purposes, high-risk populations having access to the workplace, the nature of the work, and the history of suspected on-site overdoses should be used to determine the appropriate amount. The opioid antagonists would need to be located in easily accessible areas not requiring travel through several doorways, hallways, or stairs to obtain the antagonist. Security restrictions are permissible to prevent tampering, damage, removal, or theft. Locked rooms or restricted areas are discouraged.
Employers must also recruit volunteers to be trained on administering the opioid antagonist. Volunteers should be trained on an expedited response consistent with New York’s Department of Health guidance which includes, but is not limited to, recognizing overdose symptoms, administering the medication, actions before and after administration, contacting first responders, and the Good Samaritan protections in Public Health Law section 3000-a. Employers do not have to compel employees to volunteer, but the proposed regulations do not address what to do if there are no volunteers. Although the proposed regulations still must go through the public comment period and additional revisions, employers should begin preparing for compliance ahead of the law’s December effective date.
Action Items
- Determine applicability based on coverage of federal OSHA requirements.
- Evaluate locations and security restrictions for placement of opioid antagonists.
- Evaluate options for obtaining volunteers and providing compliant training.
- Consult with legal counsel on the application of the proposed regulations to specific workplace configurations.
New York: New Restrictions on Severance Agreements Headed to Governor
The New York legislature passed SB S372A which is now on its way to Governor Hochul for signature. The No Severance Ultimatums Act would prevent employers from giving coercive ultimatums to current or former employees relating to severance agreements. Employers providing a severance agreement would have to notify employees that: (1) they have the right to consult an attorney regarding; (2) they have a consideration period of not less than twenty-one calendar days within which to consider the severance agreement; (3) they may revoke the agreement within seven calendar days of the execution of such agreement, and the agreement shall not become effective or enforceable until such revocation period has expired; and (4) they may sign the agreement prior to the end of the consideration period as long as the employee’s decision to shorten the consideration period is knowing, voluntary, and not induced by the employer through fraud, misrepresentation, or a threat to withdraw or alter the consideration period prior to the expiration of the consideration period, or by providing different terms to the employee if the employee signs the agreement prior to the expiration of the consideration period. Severance agreements which do not comply with the requirements would be unenforceable. Governor Hochul is expected to sign the bill, and if signed, the bill is set to go into effect immediately. As such, employers should begin preparations for compliance.
New York: Construction Reporting Pay Act Takes Effect
Effective December 8, 2026, the New York Construction Reporting Pay Act (A6950/S9843) creates new reporting pay and shift-cancellation pay requirements for construction employers in New York. Covered construction employees who report for work at the employer’s request or permission must generally receive at least four hours of pay (or the length of their scheduled shift, whichever is less) at their promised hourly rate, even if little or no work is ultimately performed. Employees whose scheduled shifts are canceled with less than 12 hours’ notice must receive two hours of pay. Separate but parallel requirements apply to prevailing wage projects, where reporting pay and cancellation pay are calculated at the applicable prevailing wage rate including supplements. Amounts owed under the law constitute wages, meaning non-compliance carries broader wage-and-hour exposure under New York’s enforcement framework. Covered construction employers should review scheduling, payroll, and recordkeeping practices to ensure they can identify when obligations arise, document cancellation decisions and notice timing, confirm prevailing wage classifications for covered projects, and train project managers, superintendents, and payroll personnel on the new requirements.
New York: Minimum Wage Stays Flat for 2027 With Possible Mid-Year Increase
New York’s general minimum wage will remain unchanged on January 1, 2027 ($17.00 per hour in New York City, Long Island, and Westchester County, and $16.00 per hour in the rest of the state) after the New York State Department of Labor (NYSDOL) determined that the state’s non-farm employment numbers were lower in July than in both January and April, triggering a pause in the annual inflation adjustment under current law. Tipped food service worker rates in the hospitality industry are also unchanged ($11.35 cash wage and $5.65 tip credit downstate, and $10.70 cash wage and $5.30 tip credit in the rest of the state). Governor Hochul has proposed amending the freeze conditions so that the general minimum wage would instead increase to $17.60 per hour downstate and $16.55 per hour in the rest of the state effective March 1, 2027, but no bill has been introduced and the Legislature is not expected to take up the proposal until it reconvenes in January 2027. New York employers should confirm payroll systems reflect the current 2027 rates without an automatic January increase, and should monitor for any legislative action on the Governor’s proposal.
New York, NY: New Mayor’s Office of Worker Power
On September 7, 2026, Mayor Zohran Mamdani announced an executive order creating the Mayor’s Office of Worker Power (MOWP). The cited purpose of the MOWP is to help workers organize themselves to improve their working conditions and lives. It connects workers to organizations that support them and researches labor conditions citywide. The website for MOWP also provides resources to workers informing them of their right to organize, how to form a union, protection from retaliation, and other workplace protections. It is supervised by the Deputy Mayor for Economic Justice, and its Executive Director is the former United Auto Workers union organizing director, Tony Perlstein.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase
