New York Employment Law Changes 2026: What Workers and Employers Need to Know About EEOC Developments

The short version: between December 19, 2025 and September 18, 2026 New York raised the minimum wage and the overtime-exemption salary, wrote disparate-impact liability into the Human Rights Law, added unpaid leave in New York City, barred most employment credit checks and gave hospitals a workplace violence mandate. One more change, the Trapped at Work Act, takes effect December 19, 2026. The federal EEOC went the other way on January 22, 2026 and rescinded its 2024 harassment guidance. Each rule below applies from its own effective date, and conduct before that date is judged by the earlier rule.

The question a worker asks is rarely whether a rule changed. It is which rule was in force on the day something happened at work. A pay stub from February 2026, a credit check requested in March 2026, a repayment clause signed in June 2026: each is governed by a different date in the list below.

This article states each rule in the statute’s own terms, with the cite, then says what it means for a worker or an employer. Where an earlier rule still governs older conduct, it says so.

2026 at a Glance: What Changed and When

Change	Effective	Who is affected	Source
Minimum wage $17.00 per hour in New York City, Nassau, Suffolk and Westchester	January 1, 2026	Every hour worked in those counties	Labor Law § 652(1-a)(a), (b)
Minimum wage $16.00 per hour in the rest of the state	January 1, 2026	Every hour worked outside those counties	Labor Law § 652(1-a)(c)
Executive and administrative exemption salary: $1,275.00 per week downstate, $1,199.10 per week elsewhere	January 1, 2026	Salaried employees treated as exempt from overtime	NYS Department of Labor minimum wage FAQ; 12 NYCRR 142-2.14
Disparate-impact liability written into the Human Rights Law	December 19, 2025	Employment discrimination occurring on or after that date	Executive Law § 296(5-b); L. 2025, ch. 706
EEOC rescinds its 2024 harassment guidance	January 22, 2026	Federal Title VII claims; New York statutes unchanged	EEOC release of January 23, 2026
NYC Earned Safe and Sick Time Act: 32 immediately available unpaid hours; 20 paid prenatal hours	February 22, 2026	Employees who work in New York City	DCWP Protected Time Off FAQ (02/2026)
Employment credit-check ban	April 18, 2026	Applicants and employees statewide, with listed exceptions	General Business Law § 380-b(d); L. 2025, ch. 681
Hospital and nursing home workplace violence prevention programs	September 18, 2026; program due within twelve months	General hospitals and nursing homes	Public Health Law § 2832; L. 2025, ch. 618
Trapped at Work Act: employment promissory notes void	December 19, 2026	Employees and prospective employees	Labor Law §§ 1050 to 1055; L. 2026, ch. 16
Filing windows	In force	Division of Human Rights complaint: three years; EEOC charge: 300 days	Executive Law § 297(5); 42 U.S.C. § 2000e-5(e)(1)

Federal guidance retreated and New York statute advanced. For a New York worker the practical question is which statute to file under, not whether a protection exists.

Major Federal EEOC Changes Affecting New York Workers

On January 22, 2026, the EEOC voted 2-1 to rescind its “Enforcement Guidance on Harassment in the Workplace,” which the agency had approved in 2024. The EEOC’s January 23, 2026 release quotes Chair Andrea Lucas: “Rescinding this guidance does not give employers license to engage in unlawful harassment,” and “Federal employment laws against discrimination, harassment, and retaliation, and Supreme Court precedent interpreting those laws, remain firmly in place.”

What the EEOC Guidance Rescission Means

Guidance is not the statute. Title VII, 42 U.S.C. § 2000e-2(a)(1), still makes it unlawful for an employer to fail or refuse to hire, to discharge, or otherwise to discriminate against any individual in compensation, terms, conditions or privileges of employment because of race, color, religion, sex or national origin. The Supreme Court’s reading of that text in Bostock v. Clayton County, 590 U.S. 644 (2020), that an employer who fires an individual for being homosexual or transgender violates Title VII, is a holding and was not affected by the vote.

What changed is the absence of an agency document that employers and investigators used to organize harassment complaints, investigations and training. Employers now rely on the statute, the case law, and state and local law.

For a New York worker the state statute does more work than the federal guidance ever did. Executive Law § 296(1)(h), in force since October 11, 2019, makes harassment because of a protected characteristic an unlawful discriminatory practice when it subjects an individual to inferior terms, conditions or privileges of employment, “regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims.” That standard did not move on January 22, 2026.

Enforcement Priorities the EEOC Has Put in Writing

The agency’s own published position on DEI-related discrimination is a better guide to its priorities than press reports. That page states that Title VII’s protections apply equally to all workers; that the EEOC does not require a higher showing of proof for so-called “reverse” discrimination claims; that an employment action motivated in whole or in part by race, sex or another protected characteristic may be unlawful; and that Title VII provides no “diversity interest” exception. The same page states that Title VII prohibits retaliation against an individual who opposes conduct the statute makes unlawful.

For a New York worker, a claim that a program or decision was motivated by a protected characteristic will be investigated on the same footing whoever brings it. Sexual orientation and gender identity claims rest on Bostock at the federal level and, at the state level, on Executive Law § 296(1)(a), which lists sexual orientation and gender identity or expression among the protected classes.

New York State Employment Law Changes

New York’s changes are statutory, dated and specific. Here they are in the order a worker is likely to meet them.

Minimum Wage and Overtime Threshold Increases (Effective January 1, 2026)

Labor Law § 652(1-a) sets the minimum wage for each hour worked on and after January 1, 2026 at $17.00 in New York City and in Nassau, Suffolk and Westchester counties, and $16.00 in the rest of the state. The 2025 rates, $16.50 and $15.50, still govern hours worked before January 1, 2026.

Beginning January 1, 2027, Labor Law § 652(1-b) replaces the fixed schedule with an annual adjustment tied to the three-year average change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the Northeast region, rounded to the nearest five cents and published by the commissioner by October 1 of each year. Under § 652(1-b)(d) there is no increase in a year that meets one of the listed economic conditions, for no more than two consecutive years.

The salary an employer must pay to treat an executive or administrative employee as exempt from overtime rose with the wage. The Department of Labor’s minimum wage FAQ states that on January 1, 2026 the minimum weekly salary for those exemptions became $1,275.00 per week in New York City, Nassau, Suffolk and Westchester ($66,300 a year) and $1,199.10 per week in the rest of the state ($62,353.20 a year). The duties tests are in 12 NYCRR 142-2.14(c)(4). An employee paid below the threshold does not qualify for the exemption, whatever the job title, and is owed overtime at one and one-half times the regular rate after 40 hours in a week under 12 NYCRR 142-2.2.

The tip credit moved with the floor. The Department of Labor’s tipped-worker page lists, for January 1, 2026 through December 31, 2026, a food service cash wage of $11.35 with a $5.65 tip credit in New York City, Long Island and Westchester, and $10.70 with a $5.30 credit in the rest of the state. Service employees are at $14.15 plus $2.85 downstate and $13.30 plus $2.70 elsewhere.

Here is what that means for an employee who gets reclassified. Labor Law § 195(2) requires written notice of any change to the pay rate or basis at least seven calendar days before the change, unless the change appears on the wage statement. An employee who is not given the wage statement that Labor Law § 195(3) requires with every payment may recover $250 for each work day of the violation, up to $5,000, plus costs and attorney’s fees under Labor Law § 198(1-d).

Changes to NYC’s Earned Safe and Sick Time Act (Effective February 22, 2026)

The Department of Consumer and Worker Protection, which enforces the city law it now calls the Protected Time Off Law, states that as of February 22, 2026 employers must provide employees who work in New York City 32 hours of unpaid protected time off that is immediately available for use, with another bank of 32 hours on the first day of each calendar year, in addition to the 40 or 56 hours of paid protected time off the law already required. Unused immediately available hours need not be carried over.

The Department lists the protected reasons as health, safety, child care, attending proceedings and appointments for public benefits or housing, and staying home during public disasters.

Paid prenatal leave is separate. The Department states that employees have 20 hours available as of January 1, 2025 or their first day of employment, whichever is later, for health care during or related to pregnancy, in a 52-week period that begins on the first day the employee uses it. The 20 hours do not accrue and do not carry over.

As of February 22, 2026 the pay statement must also show the immediately available unpaid hours. Only employees who work in New York City have these rights; a Long Island worksite follows the state sick leave statute, Labor Law § 196-b.

New York State Credit Check Restrictions (Effective April 18, 2026)

General Business Law § 380-b(d)(1), added by chapter 681 of the Laws of 2025 and effective April 18, 2026, makes it an unlawful discriminatory practice for an employer, labor organization, employment agency or any agent thereof to request or use for employment purposes the consumer credit history of an applicant or employee, or otherwise to discriminate in hiring, compensation or the terms, conditions or privileges of employment based on it.

The exceptions are in § 380-b(d)(2): an employer required by state or federal law or by a self-regulatory organization to use credit history; police and peace officers and law enforcement investigative positions; positions subject to background investigation by a state agency; positions that must be bonded under state or federal law; positions requiring a security clearance; non-clerical positions with regular access to trade secrets, intelligence information or national security information; positions with signatory authority over third-party funds or assets of $10,000 or more, or fiduciary authority to enter financial agreements of $10,000 or more on the employer’s behalf; and positions whose regular duties allow the employee to modify digital security systems. Under § 380-b(d)(4), a lawful subpoena, court order or law enforcement investigation is unaffected. Under § 380-b(f), a local law that gives an applicant or employee greater protection is not displaced.

A request made before April 18, 2026 is governed by the earlier law.

Disparate Impact Discrimination Codified (Effective December 19, 2025)

Executive Law § 296(5-b), added by chapter 706 of the Laws of 2025, provides that in any case alleging employment discrimination under the Human Rights Law, “an unlawful discriminatory practice may be established by a practice’s discriminatory effect, even if such practice was not motivated by a discriminatory intent.” A practice has a discriminatory effect where it “actually or predictably results in a disparate impact on a group of persons, because of their membership in a class protected under this section.”

The statute sets the order of proof in § 296(5-b)(d). The complainant must prove that the practice caused or predictably will cause a discriminatory effect. The employer must then prove that the practice is job related for the position and consistent with business necessity, with evidence that under § 296(5-b)(c)(ii) “may not be hypothetical or speculative.” The complainant may still prevail by proving that the business necessity could be served by another practice with a less discriminatory effect. Under § 296(5-b)(e), that justification is no defense to a claim of intentional discrimination.

The chapter applies to employment discrimination occurring on and after December 19, 2025. The subdivision was numbered 5-a when enacted and was renumbered 5-b on June 5, 2026; an older citation to § 296(5-a) refers to the same text.

A policy that is neutral on its face, such as a physical test, a scheduling rule, an educational requirement or a screening tool, can now be challenged by its results.

The “Trapped at Work” Act: Restricting Stay-or-Pay Agreements (Effective December 19, 2026)

The Trapped at Work Act is Labor Law Article 37, §§ 1050 to 1055. It was enacted by chapter 643 of the Laws of 2025, signed December 19, 2025, and amended by chapter 16 of the Laws of 2026, signed February 13, 2026. The chapter amendment changed the effective clause to “one year after it shall have become a law,” so the article takes effect December 19, 2026. It is not in force today. Until that date a stay-or-pay agreement is governed by ordinary contract law.

Once in effect, Labor Law § 1052(1) provides that no employer may require an employee or prospective employee to execute an employment promissory note as a condition of employment; such a note is “unconscionable, against public policy, and unenforceable” and “null and void,” while the other provisions of any larger agreement survive. Under § 1050(3), an employment promissory note is any instrument, agreement or contract provision that requires an employee to pay the employer a sum of money if the employment relationship terminates before a stated period of time.

Labor Law § 1052(2) lists what the article does not void: reimbursement of tuition, fees and required materials for a transferable credential under a separate written contract that meets the five conditions in § 1052(2)(a), including no repayment after a termination for anything other than misconduct; payment for property the employer voluntarily sold or leased to the employee; repayment of a bonus, relocation assistance or other non-educational incentive, unless the employee was terminated for a reason other than misconduct or the job was misrepresented; sabbatical terms for educational personnel; and programs agreed with the employees’ collective bargaining representative. Under § 1050(4), a transferable credential does not include instruction in the employer’s own proprietary systems or any legally required safety or compliance training, including OSHA certifications.

Enforcement is in § 1053. An employee sued on a note the article voids recovers attorney’s fees on a successful defense. An aggrieved employee may complain to the commissioner, who may fine the employer $1,000 to $5,000 for each violation, with each employee required to sign or sued counting as a separate violation.

The clause-by-clause guide to training-repayment agreements, signing-bonus clawbacks and retention bonuses under the act is New York’s Trapped at Work Act: What Employees Need to Know About 2026 Changes.

Healthcare Workplace Violence Prevention Requirements (Effective September 18, 2026)

New Public Health Law § 2832, added by chapter 618 of the Laws of 2025, signed December 12, 2025 and effective on the 280th day, September 18, 2026, applies to general hospitals and nursing homes. Within twelve months of the effective date, every covered facility must establish a workplace violence prevention program whose stated purpose is to protect health care workers, patients, facility residents and visitors.

Beginning January 1, 2027, every general hospital must conduct, at least annually, a workplace safety and security assessment and adopt a safety and security plan that addresses the threats it identifies, with the active involvement of employees and any recognized collective bargaining agent. The hospital must give employees a written summary of the plan and information on how to report incidents. New § 2832-a separately requires at least one off-duty law enforcement officer or trained security person in or near the emergency department at all times, with an exception for critical access, sole community and rural emergency hospitals.

Labor Law § 27-b, which also concerns workplace violence prevention, covers public employers only. The hospital mandate is Public Health Law § 2832.

Secure Choice Retirement Program

The New York State Secure Choice Savings Program, established by General Business Law § 1301, is an automatic enrollment payroll deduction Roth IRA administered by a board. Under § 1300(4), a covered employer is one that employed at least ten employees in New York at all times during the previous calendar year, has been in business at least two years, and has not offered a qualified retirement plan in the preceding two years. Under § 1309, employees receive a disclosure that explains how to opt out and that they are not required to contribute more than three percent, and existing employees must receive the materials at least one month before the employer begins facilitating access. The board sets the registration timing; the statute does not fix a date.

Impact on New York Workplaces

For Employees: Expanded Rights and Protections

A worker on Long Island paid $16.50 for an hour worked in February 2026 is owed $0.50 for that hour, and the same for every hour since January 1, 2026. A salaried assistant manager in Suffolk County paid $1,200 a week is below the $1,275.00 threshold and is owed overtime for every week over 40 hours, whatever the title. A New York City employee has 32 unpaid protected hours from the first day and 20 paid prenatal hours. An applicant anywhere in the state can decline a credit check for most positions. A policy that screens out a protected group by its results can be challenged without proof of intent.

For Employers: New Compliance Obligations

Payroll must reflect the $17.00 or $16.00 floor and the matching tip credit for every pay period since January 1, 2026. Exempt classifications must be checked against $1,275.00 or $1,199.10 per week; anyone below the line is non-exempt. New York City leave policies and pay statements must show the immediately available unpaid hours. Credit-history requests must have stopped on April 18, 2026 unless an exception in General Business Law § 380-b(d)(2) applies. A hospital or nursing home needs its workplace violence prevention program in place by September 18, 2027. A stay-or-pay agreement required or enforced on or after December 19, 2026 must fit an exception in Labor Law § 1052(2).

What the EEOC Rescission Means in Practice

The Human Rights Law does the work the federal guidance did, and more. Executive Law § 296(1)(h) sets the harassment standard by statute. Executive Law § 297(5) gives three years to file with the Division of Human Rights; the EEOC charge deadline under 42 U.S.C. § 2000e-5(e)(1) is 300 days where a state or local agency has authority over the practice. Executive Law § 297(9) provides a court action with punitive damages against private employers; the federal limit on compensatory and punitive damages under 42 U.S.C. § 1981a(b)(3) runs from $50,000 to $300,000 by employer size.

Documentation matters on both sides. An employer without the federal guidance to lean on should keep the written record of every complaint, investigation and decision. An employee should keep the written record of every complaint made and every response, because Executive Law § 296(7) forbids retaliation for opposing a forbidden practice, filing a complaint, testifying or assisting in a proceeding, or requesting a reasonable accommodation.

Litigation choices follow. The state claim carries the statutory harassment standard and the longer deadline; the federal claim carries the EEOC process and the damages limit. Which to file, or whether to file both, depends on the facts and on the deadline that is closest.

Industry-Specific Impacts

Healthcare Sector

General hospitals and nursing homes must have the workplace violence prevention program within twelve months of September 18, 2026 under Public Health Law § 2832(2). Hospital assessments and plans begin January 1, 2027 under § 2832(3), and emergency department security is governed by § 2832-a.

Retail and Service Industries

Every hour worked in New York City, Nassau, Suffolk or Westchester is at $17.00. A food service worker downstate receives a cash wage of at least $11.35 with a tip credit of no more than $5.65; upstate, $10.70 and $5.30. Under 12 NYCRR 146-2.9, on any day the worker spends two hours or more, or more than 20 percent of the shift, whichever is less, at a non-tipped occupation, no tip credit may be taken for that day. Assistant managers and shift leads paid a salary below $1,275.00 a week downstate are non-exempt.

Technology and Professional Services

The executive and administrative exemptions in 12 NYCRR 142-2.14(c)(4) carry the salary threshold; the professional exemption in the same regulation does not. An analyst or IT employee classified as administrative at a salary under $1,275.00 per week downstate is non-exempt. The federal threshold for the executive, administrative and professional exemptions, per the Department of Labor’s FAQ, is $684 per week, and an employer covered by both laws must meet the higher one. Employers in these industries also lose credit checks for most positions, subject to the trade-secret, security-clearance and digital-security exceptions in General Business Law § 380-b(d)(2).

Practical Compliance Steps for Employers

1. Audit wage and hour practices. Confirm the rate for each hour since January 1, 2026 by work location ($17.00 or $16.00), the tip credit taken, and the salary of every exempt employee against $1,275.00 or $1,199.10 per week. Give the written notice Labor Law § 195(2) requires before any rate change.
2. Revise leave policies. For New York City employees, add the 32 immediately available unpaid hours, the 20 paid prenatal hours, and the pay statement entries the Department of Consumer and Worker Protection requires.
3. Review hiring practices. Remove credit-history requests unless a General Business Law § 380-b(d)(2) exception applies, and keep a written record of which exception.
4. Test neutral policies by their results. Executive Law § 296(5-b)(d) puts the burden of proving job-relatedness and business necessity on the employer, with evidence that is not hypothetical or speculative.
5. Rewrite repayment agreements before December 19, 2026. A training-repayment or stay-or-pay clause required as a condition of employment must fit Labor Law § 1052(2) or it is void from that date.

Employee Rights and Remedies

Wage and Hour Violations

Labor Law § 663(1) and § 198(1-a) give a worker paid below the statutory wage the full underpayment, costs, reasonable attorney’s fees, prejudgment interest and, unless the employer proves a good-faith basis for believing it complied, liquidated damages equal to 100 percent of the underpayment. The action must be commenced within six years under § 663(3) and § 198(3), and filing a complaint with the Department of Labor tolls that period. A judgment unpaid 90 days after it becomes final increases by 15 percent under § 663(4) and § 198(4). The wage and hour page covers the claim in detail.

Retaliation Claims

Retaliation is never one statute. Labor Law § 215(1)(a) forbids an employer from discharging, threatening, penalizing or otherwise discriminating against an employee for complaining, to the employer or to anyone else, about conduct the employee reasonably and in good faith believes violates the Labor Law, or for using a legally protected absence. Under § 215(2)(a), the employee may sue within two years for an injunction, reinstatement with seniority or front pay, lost compensation and damages, liquidated damages of up to $20,000, costs and attorney’s fees; notice to the attorney general is required under § 215(2)(b). The section does not apply to employees of the state or its municipal subdivisions, under § 215(1)(c).

Labor Law § 740 is the whistleblower statute, and it is where the larger recoveries are. Under § 740(2), an employer may not take retaliatory action because an employee discloses or threatens to disclose, to a supervisor or a public body, an activity, policy or practice the employee reasonably believes violates a law, rule or regulation or poses a substantial and specific danger to public health or safety; provides information to or testifies before a public body; or objects to or refuses to participate in the activity. Under § 740(3), disclosure to a public body is protected only after a good-faith effort to notify a supervisor, subject to the listed exceptions. The action is brought within two years under § 740(4)(a), with a jury trial under § 740(4)(b). Relief under § 740(5) is an injunction, reinstatement or front pay, restored benefits and seniority, lost wages and benefits, costs and attorney’s fees, a civil penalty of up to $10,000, and punitive damages if the violation was willful, malicious or wanton.

Retaliation for a discrimination complaint is Executive Law § 296(7): it is unlawful to retaliate against a person for opposing a forbidden practice, filing a complaint, testifying or assisting in a proceeding, or requesting a reasonable accommodation, and the subdivision names disclosing the employee’s personnel file as one form of retaliation. Public employees use Civil Service Law § 75-b, which forbids a public employer from dismissing or taking adverse personnel action against an employee for disclosing to a governmental body a violation that creates a substantial and specific danger to public health or safety, or information the employee reasonably believes is an improper governmental action.

Discrimination Claims

Executive Law § 296(1)(a) lists age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status and status as a victim of domestic violence; Title VII lists race, color, religion, sex and national origin. Under Executive Law § 297(4)(c), the Division may award compensatory damages and, in employment cases against private employers, punitive damages, and under § 297(9) a court may do the same; the statute sets no dollar limit on those awards in employment cases. Executive Law § 297(10) allows attorney’s fees to a prevailing party. The complaint is due at the Division within three years under § 297(5). The federal charge is due at the EEOC within 300 days under 42 U.S.C. § 2000e-5(e)(1). The employment discrimination page covers the process.

Leave Rights Enforcement

State sick leave under Labor Law § 196-b is administered by the commissioner of labor, and using a legally protected absence is protected activity under Labor Law § 215(1)(a)(viii). New York City protected time off and paid prenatal leave complaints go to the Department of Consumer and Worker Protection. A union member with a collective bargaining agreement also has the grievance procedure in that agreement.

Where This Leaves a New York Worker

Each rule above has a date, and the date decides which version of the law applies to what happened. Hours worked on or after January 1, 2026 are at $17.00 or $16.00. Discrimination occurring on or after December 19, 2025 can be proven by effect. A credit check requested on or after April 18, 2026 needs an exception. A stay-or-pay note is judged by contract law until December 19, 2026 and by Labor Law Article 37 after. The EEOC vote of January 22, 2026 changed no statute.

Keep the pay stubs, the schedule, the handbook and every written complaint. Those documents are what a claim under any of these statutes is built from.

The Law Office of Jason Tenenbaum, P.C. advises employees and employers on New York employment law. Contact the office for a consultation about a specific situation.

Related Reading

• Workplace Retaliation Claims Surge in New York: What Employees Need to Know About Rising 2026 Trends: the companion piece on retaliation under Executive Law § 296(7), Labor Law § 215 and § 740, and Title VII, 42 U.S.C. § 2000e-3(a), including the Second Department’s December 17, 2025 decision in Heinrichs v. Town of Brookhaven, 2025 NY Slip Op 07000.
• New York Pay Transparency Law: 2026 Compliance Guide for Employers and Employee Rights: a guide to Labor Law § 194-b, which requires an advertisement for a job performed at least in part in New York to state the compensation or the range the employer in good faith believes to be accurate.
• Cheeks Fairness Hearings (2026): How FLSA Settlements Get Approved (or Rejected) in the Second Circuit: how FLSA wage settlements are reviewed in the Second Circuit under Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015).

Related Practice Areas

For a deeper look at the firm’s coverage of related topics:

• Employment Discrimination Hub

• Long Island Wrongful Termination Attorney

• Long Island Pregnancy Discrimination Attorney

• FAQ: 37 questions across 7 practice areas

• [Legal Encyclopedia: NY no-fault, personal injury, and employment-law glossary](/legal-encyclopedia/)

Authoritative External Resources

• U.S. Equal Employment Opportunity Commission (EEOC): federal anti-discrimination enforcement
• U.S. Department of Labor: Fair Labor Standards Act: federal wage-and-hour rules
• New York Division of Human Rights: state anti-discrimination charges
• New York Department of Labor: Wage and Hour Laws: NYLL framework and Wage Theft Prevention Act

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Last reviewed: September 2026.