Takeaways
- Effective immediately: New bar on New York State employers’ requiring “employment promissory notes” as a condition of employment. Also, an amendment to the New York State Human Rights Law clarifies that an actual or predictable adverse effect of an employer’s practice, regardless of intent, suffices as a prima facie showing of unlawful discrimination.
- Effective 2.22.26: Changes to the New York City Earned Sick and Safe Time and Temporary Schedule Changes Acts.
- Finally, effective 4.18.26: New restrictions to New York State employers’ ability to request or use consumer credit histories for employment purposes.
The New York State Assembly and Senate passed numerous pieces of legislation during the concluded legislative session in late December. This article reviews three enactments signed by Gov. Kathy Hochul into law and one bill she vetoed.
Trapped at Work Act
On Dec. 19, 2025, Gov. Hochul signed S4070, the “Trapped at Work Act,” adding new article 37 to the New York Labor Law, codified as Labor Law §§1050-1055. The law became effective “immediately” upon signing.
Employers are prohibited from requiring “employment promissory notes” as a condition of employment. §1052(1). “Employment promissory notes” is defined as any instrument, agreement, or contract provision that requires a worker to pay the employer a sum of money if the employee leaves employment before the passage of a stated period of time. An “employment promissory note” expressly includes any such...
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