Quick Hits

• The 2025–26 New York state budget includes significant amendments to the New York Labor Law, impacting wage-and-hour enforcement, liquidated damages, and child labor penalties.
• The amendments bring long-awaited clarity to New York pay frequency claims, including interest-only damages for a first violation.
• The amendments grant the New York State Department of Labor (NYSDOL) enhanced enforcement powers, including the ability to impose a 15 percent surcharge on unsatisfied wage judgments and allow employees to enforce wage orders directly.
• The budget also mandates a comprehensive overhaul of minor employment certification and recordkeeping, centralizing the process under the NYSDOL, effective May 9, 2027.

The amendments to the NYLL are now law, effective immediately, and apply to pending and future actions unless otherwise specified. The legislation significantly recalibrates wage-and-hour enforcement, modifies liquidated damages, expands enforcement powers, and increases penalties for child labor violations. Moreover, the legislation overhauls employment certification and recordkeeping for minors, though these changes take effect in two years (on May 9, 2027).

The NYLL was modified to expressly acknowledge a private right of action for violations of NYLL § 191(1)(a)—which requires employers to pay “manual workers” on a weekly basis. The Labor Law has also been amended to narrow the potential liquidated damages exposure that currently accompanies the...

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