New York
New York’s Personnel Records Access Law is Effective November 8, 2026
Governor Hochul recently signed legislation (Senate Bill 3460) that gives current and former employees new rights to access their personnel file. The law applies to all employers in the state regardless of headcount and takes effect on November 8, 2026. …
New York Federal Court Limits EFAA’s Reach in Workplace Discrimination Case
On August 14, 2026, the Southern District of New York issued a notable decision for employers addressing the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) in Lane v. Salesforce, Inc. As previously discussed in PERKS, the EFAA enables employees asserting sexual harassment or sexual assault claims to proceed in court despite a pre-dispute arbitration agreement with their employer.…
Second Circuit Emphasizes Importance of Accommodation Analysis in Remote Work Cases
The Second Circuit (which covers New York, Connecticut and Vermont) recently revived an employee’s ADA and NYC Human Rights Law (NYCHRL) failure-to-accommodate claims, which were based on his employer’s denial of his requests to work from home full-time, and then – when that request was denied – to work from home 3 days a week…
NYC Sick Leave Update: New Rules Affect Terminations and Rehires
Are your sick leave practices ready for upcoming compliance changes?
New York City has adopted amended final rules regarding paid and unpaid sick/safe time requirements. The new rules take effect July 23, 2026.
Most of the changes reflect the requirements that became effective earlier this year and the guidance previously issued by the City. However…
New York Legislature Advances Changes to Separation and Release Agreements
New York Employers:
Earlier this month, the New York Legislature passed the “NY No Severance Ultimatums Act.” While not yet sent to the Governor for signature, once signed into law it would take immediate effect.
Key takeaway from the pending legislation: Employers will need to give all employees (regardless of age), 21 days to consider…
New York Legislature Passes Bill Expanding Employee Access to Personnel Records
New York Employers:
Last month, a bill that would require New York employers to provide current and former employees with access to their personnel records passed both houses of the New York State legislature.
The law would take effect 60 days after being signed by the Governor, should she choose to sign it. At this…
Second Circuit Limits FLSA Collective Actions, Restricting Notice to Out‑of‑State Plaintiffs Without Personal Jurisdiction
New York, Connecticut and Vermont employers, take note!
On May 4, 2026, the Second Circuit issued a ruling that affects FLSA collective actions. In Provencher v. Bimbo Foods Bakeries Distribution LLC, the court rules that a federal district court may not authorize notice to out-of-state potential opt-in plaintiffs in an FLSA collective action unless…
New York Narrows and Delays Enforcement of the “Trapped at Work” Act
NYS Employers:
On February 13, 2026, Governor Kathy Hochul signed an amendment to the New York “Trapped at Work Act” delaying enforcement and narrowing the law’s ban on “stay or pay” repayment provisions.
As discussed previously on PERKS, the Trapped at Work Act originally went into effect on December 19, 2025. The law prohibits employment…
NYC Amends Earned Safe and Sick Time and Temporary Schedule Change Laws
- require additional unpaid leave;
- expand the reasons for which paid and unpaid sick and safe time can be used; and
- reduce employer obligations under the Temporary Schedule