New York 2025-2026 Legislative Update

This blog post is to provide you with a legislative update for New York.

NY A 584 Trapped at Work Act

The law amends the New York Labor Law to prohibit the use of “employment promissory notes” as a condition of employment. Promissory notes, which require a worker to pay the employer a sum of money if they leave their position before a specified period of time, are now considered unconscionable, unenforceable, and against public policy. The Act includes a severability clause ensuring that the invalidity of the note does not affect the enforceability of other provisions within an employment agreement. Employer is defined as “an individual, partnership, association, corporation, limited liability company, trust, government or government subdivision, or any organized group that hires or contracts with a worker to work for the employer…including any subsidiary of an employer and any individual.” Worker is defined to include “an individual who is permitted to work for or on behalf of an employer…includes an employee, independent contractor, extern, intern, volunteer, apprentice, sole proprietor who provides a service or services to an employer or to a client or customer of an employer on behalf of such employer, and an individual who provides services through a business or nonprofit entity or association.” The Act is now effective.

NY S 8338 Standard for When a Practice Has Discriminatory Effect

The law clarifies the criteria for determining when an employment practice has a discriminatory effect under the New York State Human Rights Law. A practice is deemed to have a discriminatory effect if it actually or predictably results in a disparate impact on a group of persons based on their membership in a protected class. To defend against a claim of discriminatory effect, an employer must demonstrate that the practice is legally justified. The employer must prove the policy is directly related to the position in question and the policy is consistent with business necessity. The law is now effective.

NY S 3398 Individuals Who Request Reasonable Accommodation

Under this law, it is an unlawful discriminatory practice to retaliate or discriminate against any person for requesting a reasonable accommodation under the New York State Human Rights Law; opposing any practices forbidden by this article; or filing a complaint, testifying, or assisting in any proceeding related to a claim under this article. The law is now effective.

NY A 2725 Workplace Provision of Opioid Antagonists

All employers federally mandated to have first aid supplies for the treatment of injured employees must include an opioid antagonist in the supplies. Employer is defined as “any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service.” The law goes into effect June 10, 2026.

NY A 4727 Paid Family Leave Benefits

Employees who perform construction, demolition, reconstruction, excavation, rehabilitation, repairs, renovations, alterations, or improvements for multiple employers pursuant to a collective bargaining agreement shall be eligible for family leave benefits if they were employed for at least 26 of the last 39 weeks by any covered employer which is signatory to a collective bargaining agreement. If this type of employee, considering they already met the 26/39 week rule, returns from an unpaid leave of absence, vacation, or a layoff, their paid family leave eligibility is reinstated immediately upon returning to work. This law also ensures that health benefits are maintained during the leave period. The law goes into effect January 1, 2027.

NY S 743 Required Warnings to Consumers

All licensed gunsmiths and firearms dealers must display conspicuous warning signage at both the entrance of their establishment and at every point of sale. These signs must meet specific physical requirements, including being at least 8.5” x 11” with a minimum of 26-point bold font. Additionally, dealers must provide a written copy of the same warning to every consumer at the time of a purchase. Licensing officers must also provide the written warning whenever a permit for a firearm, rifle, or shotgun is issued or amended. Failure to comply is a violation punishable by a fine of up to $1,000, imprisonment for up to 15 days, or both, with each day of non-compliance treated as a separate offense. The law is now effective.

NY S 3072 Use of Consumer Credit History in Hiring

Beginning April 18, 2026, New York law will make it an unlawful discriminatory practice for employers, labor organizations, and employment agencies to request or use an applicant’s or employee’s consumer credit history in hiring, compensation, or other employment-related decisions. This prohibition also extends to state and municipal agencies, which may no longer use credit information for licensing or permitting purposes. There are exceptions for specific roles, such as law enforcement, positions requiring high-level security clearances, and certain financial oversight roles with fiduciary responsibilities or signatory authority over significant assets.