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Showing posts with the label New York

New York’s Top Workplace Bills to Watch as Legislature Signs Off for the Year

New York lawmakers ended the 2026 legislative session by passing a wide range of workplace bills that could affect severance agreements, employment contracts, job postings, personnel files, wage-and-hour practices, arbitration, artificial intelligence, and workers’ compensation. While none of these measures are law yet, many are expected to be sent to Governor Hochul for consideration later this year. Some of the proposals would take effect immediately if signed, leaving employers little time to update policies, agreements, and compliance practices. Here are the top bills employers should know about and begin preparing for. Note: Even if Governor Hochul signs a bill, she may do so with an agreement that lawmakers will add chapter amendments when they return next session. Employers should confirm final action before treating any proposal as effective. Severance Agreements and Employment Contracts The No Severance Ultimatums Act ( S372A ) Employers offering covered severance agreements w...

New York Legislature Approves “No Severance Ultimatums Act” That Could Soon Impose New Workplace Restrictions

A bill that would give terminated employees in New York more time to review severance agreements and limit employers’ ability to pressure employees into quickly signing such agreements just passed both houses of the New York Legislature. After failing to advance last year, the No Severance Ultimatums Act how heads to Governor Hochul’s desk after passing both houses on June 1. If she signs it, the law would take effect immediately, potentially requiring employers to revise their severance practices on very short notice. As employers await Governor Hochul’s decision, here are the bill’s key provisions and practical steps employers may wish to consider now. What Would the Bill Require? If enacted, the bill would apply to separation agreements that require employees to release legal claims against their employer. Employers offering current or former employees severance agreements would be required to inform them of: Their right to speak with an attorney before signing; A minimum 21-cal...

New York’s “Ghost Job” Bill Could Reshape Job Posting Practices: What Employers Should Know

New York lawmakers just passed a bill last week that would require certain employers and job posting platforms to disclose whether a job ad is tied to a current opening — and, if so, when the employer expects to fill it , or whether the posting is being used to build a future candidate pipeline. The bill targets so-called “ghost jobs,” or postings that appear to advertise open roles but may instead be used to collect resumes for future hiring needs. The bill would apply to employers with 100 or more employees and certain third-party job posting platforms. If Governor Hochul signs the bill that passed the legislature on June 2 in its current form, it would take effect immediately, giving covered employers little lead time to adjust their posting practices. Here’s what you need to know as you prepare for this potential change. Why This Matters For years, job posting compliance has largely focused on pay transparency. The bill would move the conversation into hiring transparency. The bil...

New York Poised to Require Employee Access to Personnel Files: 7 Things Employers Need to Know

New York employers should prepare for significant new obligations concerning employee access to personnel files. The New York Legislature just passed a bill that could soon grant current and former employees broad rights to obtain copies of personnel records, require employers to notify employees when certain negative information is placed in their files, impose personnel-record retention obligations, and prohibit retaliation against employees who exercise their rights under the law. The bill would also apply to certain personnel records maintained by third-party vendors, creating additional compliance challenges for employers that rely on outsourced HR, payroll, or personnel-management functions. If signed by Governor Hochul, the law would take effect 60 days later. Here are the seven key takeaways for employers and seven steps you should consider taking now to prepare. 7 Key Takeaways for Employers 1. Current and Former Employees Are Covered Both current and former employees would b...

Proposed State Laws For Breach Notification Could Reshape Incident Response Plans

State breach-notification laws continue to evolve, and legislatures are using 2026 sessions to tighten consumer protections and shift the civil liability landscape that often follows a cyber event. For businesses, the practical takeaway is that incident response planning increasingly needs to account not only for “whether notice is required,” but also for hard timelines, regulator-facing deliverables, and the cost of consumer support services. Several state laws have died without passing out of the legislature, including bills in Connecticut, Hawaii, and Oklahoma. However, we continue to watch two pending state laws on the East Coast. New Jersey – Assembly Bill 1852 New Jersey’s pending proposal is more about standardizing notice practices and ensuring ongoing consumer access to credit reporting. As introduced, the bill narrows permissible notice methods to written notice or electronic notice. It removes the existing substitute-notice pathway that many companies rely on when notice cos...

New RFA-2 Electronic Submission Mandate from NYS Workers’ Compensation Board

KEY TAKEAWAYS: At this time, the New York State Workers’ Compensation Board requires all Request for Further Action by Insurer/Employer forms (Form RFA-2) be submitted electronically via eCase – paper RFA-2 forms are no longer accepted or acted upon Carriers and self-insured employers who want to give defense counsel the ability to file the eForm RFA-2 must add counsel as a Party of Interest (POI) To add counsel as a POI – enabling them to file the RFA-2 on your behalf – your administrator should access the claim, go to the “Party of Interest” tab, and choose the option to add a party of interest Instructions for Adding a Representative to a Specific Case The carrier eCase Administrator may add defense counsel to notice, which will allow access to the eForm button and RFA-2. Detailed instructions may be found here:  https://www.wcb.ny.gov/content/ebiz/ecase/party-of-interest-representatives.jsp To Add a Representative as a POI to a Specific Case: Select the  POI  tab in e...