MINIMUM WAGE

Effective Jan. 1, 2026, the minimum wage for upstate New York is $16.00 per hour for most workers, including fast food workers. The minimum wage for New York City and Westchester, Suffolk and Nassau Counties is higher.

The minimum wage for fast food workers in upstate New York State is now $16.00 per hour. The minimum wage for New York City and Westchester, Suffolk and Nassau Counties is higher.

The minimum cash wage for tipped food service employees in upstate New York is now $10.70 per hour, with a tip credit of $5.30 per hour. The minimum cash wage and tip credit for New York City and Westchester, Suffolk and Nassau Counties are higher.

Lastly, the minimum wage for home care aides in upstate New York is now $18.65 per hour.  The minimum wage for New York City and Westchester, Suffolk and Nassau Counties is higher.

   MINIMUM SALARY FOR EXEMPT EMPLOYEES

The minimum salary for exempt executive and administrative employees in upstate New York is now $1,199.10 per week. The minimum exempt salary for New York City and Westchester, Suffolk and Nassau Counties is higher. New York does not have a minimum salary for exempt professional employees and follows the federal minimum, which remains at $684.00 per week.

INCREASED UNEMPLOYMENT BENEFIT

Effective October 8, 2025, the maximum New York unemployment insurance benefit was increased from $504.00 to $869.00 per week. 

TRAPPED AT WORK ACT

The New York Trapped at Work Act took effect on December 19, 2025. This new law prohibits New York employers from requiring as a condition of employment that any current or prospective worker sign an “employment promissory note” or similar agreement. The prohibited agreements include those which require a worker to pay the employer a sum of money if the worker leaves employment before a stated period of time. This includes reimbursement for worker training.

The following payments are permitted under this law:

  • Payroll advances unrelated to training
  • Payments for employer-provided property sold or leased to the worker
  • Agreements tied to sabbatical leave for educational workers
  • Programs agreed to under a collective bargaining agreement

The term “worker” is broadly defined, and includes employees, independent contractors, interns, externs, volunteers, apprentices and sole proprietors.

Employers are subject to fines of $1,000-$5,000 for each violation of this law. In addition, workers who are sued by an employer to enforce a prohibited promissory note can recover attorney’s fees for a successful defense.

The law prohibits all such agreements after its effective date.  It does not specify whether the NYS Department of Labor will enforce it retroactively.  Any such effort would likely result in legal challenges.

CONSUMER CREDIT HISTORY

Under a new law which takes effect on April 18, 2026, employers are prohibited from requesting or using credit histories in making employment decisions. There are some exceptions, including employees with certain security responsibilities, employees who access trade secrets and law enforcement. Employers should review background check procedures to see that they don’t include unlawful credit history information.

SECURE CHOICE SAVINGS PROGRAM

Certain private employers that do not offer a retirement plan are required to enroll their employees in a state-sponsored program under the New York State Secure Choice Savings Program. The law applies to businesses with 10 or more employees that do not offer a qualified retirement plan and have been in business for at least two years. Eligible employees will be automatically enrolled in a Roth IRA that they contribute to via a payroll deduction. The default contribution is three percent of wages, but employees are allowed to change that rate or opt out of the program. Employers are not required to contribute to these Roth IRA accounts. Employees will be charged a fee for participating. All employees 18 and older who have earned taxable wages from an enrolled New York employer must participate in the program, and participating employers must automatically enroll each of their eligible employees. After enrollment, employees will have 30 days to customize their contribution rate and investment selections or opt out of the program altogether. The deadline to begin implementing the program depends on the number of employees, as follows:

  • March 18, 2026, 30 or more employees
  • May 15, 2026, 15-29 employees
  • July 15, 2026, 10-14 employees

RETAIL SAFETY ACT

Effective March 3, 2025, retail employers with 10 or more employees must adopt a workplace violence prevention policy and provide workplace violence prevention training. Effective January 1, 2027, retail employers with at least 500 employees nationwide must provide access to “panic buttons” used to notify law enforcement. This law applies to stores which sell consumer goods at retail and are not primarily engaged in the sale of food for consumption on the premises.

  PAID FAMILY LEAVE

The following changes in the NYS Paid Family Leave Law take effect January 1, 2026.

  • Employees taking Paid Family Leave will receive 67% of their average weekly wage, with an increased maximum weekly benefit of $1,228.53, and a total benefit of $14,742.36.
  • An employee’s maximum annual contribution has been increased to $411.91.
  • The paid leave period is still 12 weeks per year.
  • Employees who take Paid Family Leave are entitled to return to the same or similar job, can maintain their health insurance, and are protected from discrimination for taking Paid Family Leave.

EEOC CHARGE STATISTICS

The EEOC reported that in 2024 more than 88,000 charges were filed in the following categories. They are listed in descending order of frequency:

  • Retaliation
  • Disability
  • Race
  • Sex
  • Age
  • National Origin
  • Color
  • Religion
  • Pregnancy
  • Equal Pay Act
  • Genetic Discrimination 

PRENATAL CARE LEAVE

Effective January 1, 2025, employers must provide 20 hours of paid prenatal leave for the mother during any 52-week period. This benefit is available as soon as the employee begins working and may be used in hourly increments. It may be used for medical appointments, monitoring and testing. This is in addition to leave which may be available under Paid Family Leave and Paid Sick Leave.

COVID LEAVE

The requirement to provide paid or unpaid COVID sick leave to employees ended on July 31, 2025. Employees may still use Paid Sick Leave for COVID-related absences.

SICK LEAVE LAW

New York’s Sick Leave Law, which took effect in 2021, is unchanged. This law requires that every private sector and non-profit employer in New York, regardless of size, must provide leave to every part time and full-time employee. The amount of leave, and whether it is paid or unpaid, depends on the size of the employer.

 

Colligan Law is always prepared to assist you in complying with these laws and the many other laws which apply to employers.

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