NY Personnel Records, Job Ad and Severance Bills Advance

New York employers should be aware of three additional state developments impacting HR, recruiting, employee relations, and compliance practices. Each has passed in both the Senate and Assembly, but they have not been signed by the Governor as of June 30, 2026.

1. Senate Bill S3460, grants employees access to personnel records.
2. Senate Bill S8877, creates new mandatory disclosure requirements for certain job advertisements.
3. Senate Bill S372A, known as the “No Severance Ultimatums Act,” extends severance agreement consideration and revocation rights for employees.

Employee Access to Personnel Records Bill Advances

Senate Bill S3460 would amend the New York Labor Law to give current and former employees access to their personnel records. If signed by the Governor, the law would take effect on the 60th day after becoming law.

The bill defines a personnel record broadly to include records that identify an employee and that are used, have been used, or may affect or be used in relation to the employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. Covered records would include items such as job applications, resumes, job titles and descriptions, pay information, performance evaluations, written warnings, probationary period records, waivers, termination notices, and documents relating to disciplinary action.

If enacted, employers would be required to provide employees with a copy of their personnel record, at no cost, within five business days of receiving a written request. Employers would not be required to allow personnel record review more than two times in a calendar year; however, review triggered by newly added negative information would not count against that annual limit.

The bill would also require employers to notify employees within 10 days after placing negative information in a personnel record if the information is, has been used, or may be used to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation, or possible disciplinary action.

Employees who disagree with information in their personnel file would be permitted to submit a written statement explaining their position. That statement would become part of the personnel record and would need to accompany the disputed information if it is transmitted to a third party. Employers would also be required to retain complete personnel records from the date of employment until three years after termination. Violations could result in fines of $500 to $2,500, and the bill includes anti-retaliation protection.

Job Advertisement Disclosure Bill Advances

Senate Bill S8877 would amend the New York Labor Law to require certain mandatory disclosures in printed and digital job advertisements. If signed by the Governor, the law would take effect immediately.

The bill would apply to private employers with at least 100 employees overall, excluding the state, public authorities, and other governmental agencies or instrumentalities. It would also apply to third-party job posting entities that post multiple job vacancies or listings on behalf of, or independently of, employers for job seekers to search for and apply on one platform.

If enacted, covered job advertisements would be required to disclose when the employer intends to fill the position. The required disclosure would vary depending on whether the employer intends to fill the position within 90 days or less, more than 90 days from advertising, or does not expect the job to be filled and is only seeking resumes for future review. The bill would require the applicable disclosure to appear in capital letters and bold type.

The bill would also require employers to remove job advertisements within two weeks after the advertised position has been filled. Because the bill does not define when a position is considered “filled,” employers may want to take a conservative approach and treat the position as filled once the selected candidate has accepted the offer or the employer has otherwise closed the requisition and is no longer accepting or considering applicants for that vacancy. If an employer is aware, or reasonably should be aware, that a third-party job posting entity independently posted the position, the employer would be required to notify the third-party entity that the position has been filled. Third-party job posting entities would also be required to remove postings within two weeks of knowing, or having reason to know, that a position has been filled or has otherwise expired.

The New York Department of Labor would have authority to audit employer and third-party job posting practices, and aggrieved individuals could report alleged violations to the Department. Violations could result in a $2,500 fine for each print publication or digital platform where the advertisement appears. If the violation is not corrected within 30 days, the fine would increase to $5,000 per publication or platform, with penalties doubling for each additional 30-day period that the advertisement remains posted in violation of the law.

No Severance Ultimatums Act Advances

Senate Bill S372A would amend the New York Labor Law to establish the “No Severance Ultimatums Act.” If signed by the Governor, the law would take effect immediately.

The bill would apply to severance agreements offered at separation that require employees to release waivable claims against the employer. The bill defines “employer” by reference to the New York Labor Law and expressly includes governmental agencies.

If enacted, employers offering a severance agreement to an employee or former employee would be required to notify the individual that they have the right to consult an attorney regarding the agreement. Employers would also be required to provide a consideration period of at least 21 calendar days for the employee to review the agreement.

The bill would further provide employees with a seven-calendar-day revocation period after execution of the severance agreement. The agreement will not become effective or enforceable until the revocation period expires.

Employees would be permitted to sign the agreement before the end of the 21-calendar-day consideration period, provided the decision to shorten the consideration period is knowing and voluntary. The employer could not induce the early signing through fraud, misrepresentation, a threat to withdraw or alter the consideration period before it expires, or by offering different terms if the employee signs before the consideration period ends.

The bill would allow the statutory provisions to be waived by a severance agreement that specifically acknowledges the new Labor Law section and is negotiated pursuant to a collective bargaining agreement. Severance agreements that violate the bill’s requirements would be deemed void and unenforceable.

What This Means for Employers

• Personnel Records. The personnel records bill, if enacted, would create new procedural obligations for employers and may require updates to handbook policies, recordkeeping practices, manager documentation protocols, and internal response procedures. Employers should evaluate whether personnel records are centralized, complete, and accessible enough to meet a five-business-day response deadline, and whether their policies clearly explain how employees may request access to their personnel records.

• Job Advertisements. The job advertisement bill, if enacted, would create new compliance obligations for covered employers and third-party job posting entities. Employers with at least 100 employees should review their recruiting processes, job posting approval procedures, and third-party job board practices to confirm that postings accurately reflect current hiring intent and are removed promptly once positions are filled.

• Severance Agreements. The severance bill, if enacted, would require employers to review severance agreement templates and separation procedures to ensure that covered agreements include required notices, provide at least 21 calendar days for consideration, include a seven-calendar-day revocation period, and do not include terms or practices that could be viewed as coercive. Employers should also train HR personnel, managers, and others involved in separations to avoid pressuring employees to sign severance agreements before the applicable review period expires.

How HR Works Can Help

HR Works will continue to monitor these New York developments and provide updates as they progress through the Governor’s review.

Current clients may contact their designated HR Consultant for additional information.

Not an HR Works client? To learn more about how HR Works can help, contact us by visiting our website and completing a “Contact Us” form or calling us toll-free at 1-877-219-9062.