Are You Up To Date In 2026? Key Developments In New York Employment Law

This past year, New York lawmakers once again implemented new laws and imposed new legal obligations on employers. Employers should ensure they are aware of and comply with these new legal developments:

• Increased Minimum Wage and Overtime Exemption Threshold. As of January 1, 2026, New York's minimum wage increased to $17 per hour in New York City, Long Island, and Westchester, and increased to $16 per hour everywhere else in New York. The minimum salary threshold for exemption from the New York Labor Law overtime requirements in New York City, Nassau, Suffolk, and Westchester Counties was increased to $1,275 per week or $66,300 per year. Elsewhere in the state, the threshold increased to $1,199.10 per week or $62,353.20 per year.
• Tip Credit Adjustments. The tip credit amount available to employers also increased January 1st. Tipped service employees in NYC, Long Island, and Westchester will receive a $14.15 cash wage with a $2.85 tip credit; tipped food service workers in these regions will see a cash wage of $11.35 and a $5.65 tip credit. In the rest of the state, the cash wage and tip credit are $13.30/$2.70 and $10.70/$5.30 for tipped service employees and tipped food service workers, respectively.
• Salary Threshold for Exempt Employees. New York's weekly salary threshold for the executive and administrative employee exemptions rose to $1,275 in NYC, Nassau, Suffolk, and Westchester, and to $1,199.10 elsewhere in the state starting on January 1, 2026.
• Healthy Terminals Act Amended. The New York Healthy Terminals Act now increases the airport wage and benefit obligations for employees working at JFK and LaGuardia airports as of January 1, 2026, including private sector employees.
• NYC Grocery and Contracted Delivery Workers Minimum Pay Requirements. Effective January 26, 2026, there are new laws in NYC setting minimum pay rates for grocery delivery workers and setting powered bicycle safety standards.
• Equal Compensation in NYC for Private and Public Sector Security Guards. NYC's Aland Etienne Safety and Security Act, enacted January 29, 2026, will bring the minimum compensation required for private sector NYC security guards up to the level required by public sector NYC security guards. This increase takes effect on a rolling, annual basis: the private sector will be brought up to the public sector level (1) for minimum wage by January 1, 2027, (2) for minimum paid time off benefits (including paid holidays, vacation and sick leave) by January 1, 2028, and (3) for minimum fringe benefits (including medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, health insurance, unemployment benefits, life insurance, disability and sickness insurance, accident insurance, additional vacation and holiday pay, and paid apprenticeship costs) by January 1, 2029.
• Unpaid Leave. An additional thirty-two hours of unpaid safe and sick leave will be required per year.
• Paid Prenatal Leave Reporting Obligations. Payroll disclosure requirements will be imposed for use of paid prenatal leave by New York City employees.
• Changes to Temporary Schedule Change Law. New York City employers will no longer be required to approve requests by employees for temporary schedule changes. Instead, subject to certain requirements on employer responsiveness and employee discretion, employers will be able to accept, deny, or propose an alternative temporary change.
• Ban on Credit Background Checks Expanded to the Entire New York State. Effective April 18, 2026, New York City's ban on employer's use of background checks in employment decisions (subject to narrow exemptions) will be expanded to the entire New York State.
• Narcan in the Workplace Law. Starting June 10, 2026, most New York employers will be required to include an opioid antagonist, such as Narcan, when first aid kits are required by the federal OSHA Act. It is anticipated that the NYS Department of Labor will issue rules to assist in this law's implementation including guidance about workplace training and quantities of the antagonists that must be available in case of emergency.
• Trapped at Work Act. As of December 19, 2025, New York employers were prohibited from entering into certain "stay or pay" agreements with employees that require employees to repay their employer for training costs if the employee resigns before a specified period. Proposed amendments to the law were introduced in the state assembly and senate earlier this month to narrow the prohibition and suspend it until December 19, 2026, but the law is currently in effect unless and until the amendments are enacted.
• Electronic Payroll Reporting Requirements. As of January 1, 2026, New York State contractors and subcontractors are required to electronically report payrolls for public work projects and certain private construction projects receiving public funds.

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