On Election Day this year, New York Governor Kathy Hochul was re-elected to her second full term.
For New York employers, there are a few keys things to watch for as 2026 wraps up. As we previously discussed, over the summer the legislature passed several bills, which are making their way to the governor’s desk. These bills, once sent, must be acted upon by the end of the year. A summary of those bills is below:
Mandatory Disclosures for “Ghost Job” Ads
On June 2, 2026, the New York State Assembly joined the Senate to pass S8877. This bill addresses the phenomenon of “ghost job” ads, which are ads for job openings that are non-existent, already-filled, or that the employer does not intend to fill immediately. The bill would add a new section 219-b to the New York Labor Law (NYLL), requiring mandatory disclosures for print or digital job ads by employers with 100 or more employees or by third-party job posting entities. The text of the disclosure, which would be in CAPITAL LETTERS and bold font, would vary based on whether the employer:
- intends to fill the position in 90 days or less;
- intends to fill the position in more than 90 days; or
- does not expect the job to be filled, but is seeking resumes for future review or future available jobs.
Employers and third parties would also be required to remove job ads within two weeks of a position being filled. The bill would authorize the New York State Department of Labor (NYSDOL) to impose hefty fines of $2,500 per violation, which would double every 30 days the ad is not corrected. The legislation contemplates that this amount would be charged for each print publication or digital platform in which a non-compliant job announcement appears and does not offer an opportunity to cure before the imposition of fines, creating potentially high penalties for widely posted advertisements.
If enacted, S8877 would take effect immediately. Employers should prepare to amend their template job postings and adjust hiring practices to comply with the bill’s obligations.
Wage Payment Integrity Act
On March 30, 2026, the New York Legislature passed S2236A, the Wage Payment Integrity Act (WPIA). If signed, the WPIA would take effect immediately, but it would only apply to actions filed on or after its effective date.
The WPIA would amend NYLL § 190(1)’s definition of “wages” to include all employment compensation that is not payable at the employer’s “sole and absolute discretion.” Compensation that previously fell outside the definition of wages (e.g., discretionary bonuses) would now be considered wages unless the employer notified the employee in a “clear, prominent, timely and uncontradicted fashion that the employer has sole and absolute discretion to decide whether or not to pay it.” The inquiry would also likely look beyond the language in the written agreement to whether the employer has, in practice, clearly and consistently retained that sole and absolute discretion.
The WPIA would also attach legal consequences to an employer’s inability to produce the written employment terms required by the NYLL. The Act states that if, upon the request of either an employee or the New York State Commissioner of Labor, an employer fails to produce the required written employment terms, there would be a rebuttable presumption that the terms of employment the employee has presented reflect the parties’ agreement.
No Severance Ultimatums
On June 1, 2026, the legislature passed S372A, which seeks to add a new section 215-d to the NYLL, to require employers offering severance agreements to include certain provisions. Namely, severance agreements that would require an employee to release waivable claims would need to include (i) a notice that the employee has the right to consult an attorney; (ii) a consideration period of at least 21 days for the employee to decide whether to execute the agreement; and (iii) a revocation period of at least seven calendar days that delays the effective date of the agreement. The statute allows employees to knowingly and voluntarily shorten the consideration period, as long as there is no threat or inducement to coerce the employee to do so.
These proposed mandates mirror requirements for agreements covered by the federal Age Discrimination in Employment Act as amended by the Older Workers Benefit Protection Act and thus are already required for severance agreements with employees age 40 or older covered by the federal age discrimination laws. New York law would eliminate this age differential.
If approved by the Governor, the “No Severance Ultimatums Act” would take effect immediately.
Personnel Files
As a reminder, the statewide personnel file law takes effect November 8, 2026. All New York employers will be obligated to provide a copy of an employee’s personnel record upon request (up to 2x per year). Additionally, employers will be required to provide notice within 10 days of placing certain documents within the personnel record, and employees will have the opportunity to respond to any negative information or information that could lead to disciplinary action. Employers will be obligated to retain records for the duration of employment plus three years post-employment. Based on Governor Hochul’s approval memo, she and the legislature have agreed to revisit the law in the next session to clarify ambiguities in the law.
How to Prepare
If signed, many of these bills would have immediate effect. Begin to review separation agreements, compensation policies and agreements, and job postings to prepare for any potential changes before the end of the year.
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The Workforce Bulletin blog is currently edited by Scott J. Connolly, Adam S. Forman, Greta Ravitsky, Elizabeth S. Torkelsen, and Jennifer Stefanick Barna.
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