The Manhattan skyline, seen from Brooklyn. Picture by Andrew Denney
Picture by Andrew Denney
January for employers means coaching (in case you didn’t get it carried out in December) and handbook updates. This 12 months, with ramped up enforcement by New York businesses at each ranges that may solely proliferate with a brand new mayor and Metropolis Council speaker who’ve each introduced a concentrate on employee safety, it’s extra vital than ever that employers know the newest guidelines. Right here are some things they must be on high of for 2026.
Statutory Wage Will increase
Minimal Wage
As of Jan. 1, 2026, New York’s minimal wage is $17 per hour for New York Metropolis; Suffolk, Nassau, and Westchester counties (for all different counties it will increase to $16 per hour).
Exempt Workers
All through New York, staff who make a sure minimal quantity of wage could also be exempt from time beyond regulation if their duties embody government, managerial, or administrative duties which were interpreted to incorporate the ability to rent and hearth. That wage threshold is altering. For New York Metropolis, Lengthy Island, and Westchester, the brand new annual wage should be a minimum of $66,300 per 12 months; for the remainder of New York it should be a minimum of $62,353.20.
Employers who pay minimal wage, salaries to exempt staff, or are even simply giving staff a New 12 months’s increase, should reissue wage notices pursuant to New York’s Wage Theft Prevention Act.
New York Metropolis Secure and Sick Time Enlargement
The very first thing to notice is that employers within the 5 boroughs are actually required to offer 32 extra unpaid hours of time yearly.
This time doesn’t roll over and may solely be used after the worker makes use of all of their out there paid time without work. For these companies which are impacted by the non permanent schedule change legislation, this extra unpaid time is supposed to eradicate the necessity for that employee consideration, and efficient Feb. 22, 2026, you not should abide by these guidelines.
On that very same date, the explanations that staff might take the depart expands. The extra causes to grant the usage of the time embody office violence incident response, caregiving, a “public disaster”, and to pursue advantages or housing.
Prenatal Go away Coverage and Posting
You will need to observe two issues about this.
First, the extra 32 hours above is along with the prenatal depart (as much as 20 hours of paid prenatal depart in a 52-week interval) added final 12 months statewide. Second, nonetheless, is that in New York Metropolis there are extra guidelines.
Particularly, employers should embody the prenatal depart of their coverage and that coverage should particularly state that there’s a separate financial institution of 20 hours for this function and any guidelines relating to its use together with the increments during which staff might take it.
The coverage should explicitly state that the employer is not going to require particulars relating to the Worker’s situation and that any info it does obtain shall stay confidential.
The coverage should be added to the discover of worker rights and employers should present an announcement with every pay stub that features the quantity of paid prenatal depart used through the pay interval and the entire remaining stability of paid prenatal depart for the rest of the 52-week interval.
New Office Violence Coverage and Coaching
Along with the annual sexual harassment coaching legislation (talked about above and mentioned in December’s article), retail employers are actually required to conduct annual office violence prevention coaching.
The brand new legislation requires employers with 49 or fewer staff to conduct the coaching each two years; these with 50 or extra to conduct it yearly. The legislation additionally mandates a particular coverage, set by the U.S. Division of Labor, be carried out.
Pay Information Reporting
On Dec. 4, 2025, the New York Metropolis Council overrode a mayoral veto to enact a legislation that imposes necessities that mirror the federal EEO-1 reporting. The legislation is designed to generate knowledge the town will use to conduct research and generate suggestions for addressing pay disparity. The legislation applies to employers with 200 or extra staff, and imposes civil penalties for noncompliance.
By way of implementation, it is going to be some time. This 12 months, the town will determine which company will deal with the legislation. Subsequent 12 months, that company should develop the reporting kind. The next 12 months, throughout the subsequent 12 months, that company should publish a standardized reporting kind; and inside one 12 months after publication of the identical, coated employers should submit their first annual report.
The Coming 12 months
Although the legislative adjustments for New York employers usually are not dramatic this 12 months, what has modified noticeably is the speed and depth of enforcement. Not solely are compliance penalties and audits on the rise by each state and metropolis businesses, however their inquiries go deeper, together with into data of coaching, and copies of insurance policies together with affirmation of receipt. Employers want to pay attention to their obligations, on high of adjusting legal guidelines, and have mechanisms in place to make sure compliance.
Rachel Demarest Gold has been serving Abrams Fensterman as a associate since 2016 and has labored within the labor and employment, felony, authorities litigation, and legislation and coverage follow teams.
