2026 HR Compliance Guide
New York HR Compliance Deadlines for 2026
6 verified employment law changes affecting New York employers in 2026 — with effective dates, required actions, and penalties for non-compliance. Every entry cites an official government or agency source.
New York state law changes
New York State Minimum Wage Increase to $16.00/hr
New York State's minimum wage increases from $15.50 to $16.00 per hour on January 1, 2026, as part of the phase-in schedule under the FY2024 budget legislation. Different rates may apply in New York City, Long Island, and Westchester County. The exempt salary threshold increases proportionally.
New: $16.00/hr (was $15.50/hr)
Applies to: All New York State employers (rates vary by region)
What to do: Update payroll to $16.00/hr for upstate/rest of state, verify NYC and suburban rates, recalculate exempt salary thresholds, update tip credit amounts, and post new minimum wage notices.
Penalty: Back wages, liquidated damages of 100%, civil penalties up to $20,000 per violation, and criminal penalties
New York Statewide Credit History Discrimination Ban
New York's credit history discrimination ban takes effect January 1, 2026, prohibiting most employers from requesting or using an applicant's or employee's credit history in making employment decisions. The law includes limited exceptions for positions in law enforcement, financial services, and roles requiring security clearances. This extends similar protections already in place in New York City statewide.
Applies to: Most New York State employers (with limited exemptions)
What to do: Remove credit history inquiries from all employment applications and background check processes, update hiring policies and procedures, train recruiting and HR staff on the new restrictions, and identify any positions that qualify for the limited exemptions.
Penalty: Civil penalties, compensatory damages, and enforcement by the New York Division of Human Rights
New York Secure Choice — Registration Deadline (30+ Employees)
Employers with 30 or more New York employees that do not offer a qualified retirement plan and have been in business at least two years must register for the New York Secure Choice Savings Program (or certify exemption) by March 18, 2026. Employees are auto-enrolled into a Roth IRA at a default 3% contribution rate, with the ability to opt out.
Applies to: Employers with 30+ NY employees, no qualified retirement plan, in business 2+ years
What to do: Register (or certify exemption) at newyorksecurechoice.com by March 18, 2026 using your EIN and access code; set up payroll deduction and the 30-day employee opt-out window.
Penalty: Per-employee penalties set by the Secure Choice Savings Program Board; the exact schedule is still being finalized (statutory framework contemplates escalating penalties commonly cited as $250/employee, rising for repeat years). Treat amounts as not-yet-enforced.
New York Secure Choice — Registration Deadline (15-29 Employees)
Employers with 15 to 29 New York employees that do not offer a qualified retirement plan and have been in business at least two years must register for the New York Secure Choice Savings Program (or certify exemption) by May 15, 2026. Default is 3% Roth IRA auto-enrollment with employee opt-out.
Applies to: Employers with 15-29 NY employees, no qualified retirement plan, in business 2+ years
What to do: Register (or certify exemption) at newyorksecurechoice.com by May 15, 2026; configure payroll deductions and the employee opt-out process.
Penalty: Per-employee penalties set by the Secure Choice Board; specific amounts still being finalized (commonly cited as $250/employee, rising for repeat years). Not yet enforced.
New York Secure Choice — Registration Deadline (10-14 Employees)
Employers with 10 to 14 New York employees that do not offer a qualified retirement plan and have been in business at least two years must register for the New York Secure Choice Savings Program (or certify exemption) by July 15, 2026. Default is 3% Roth IRA auto-enrollment with employee opt-out.
Applies to: Employers with 10-14 NY employees, no qualified retirement plan, in business 2+ years
What to do: Register (or certify exemption) at newyorksecurechoice.com by July 15, 2026; set up payroll deductions and the employee opt-out window.
Penalty: Per-employee penalties set by the Secure Choice Board; specific amounts still being finalized (commonly cited as $250/employee, rising for repeat years). Not yet enforced.
City & county ordinances in New York
New York City Minimum Wage Increase to $17.00/hr
New York City's minimum wage increases from $16.50 to $17.00 per hour on January 1, 2026, maintaining a premium above the state rate as part of the scheduled phase-in. This rate applies to all employers regardless of size operating within the five boroughs. The fast food worker minimum wage may be set even higher under separate regulations.
New: $17.00/hr
Applies to: All New York City employers
What to do: Update payroll to $17.00/hr for all NYC employees, verify fast food worker rates if applicable, recalculate overtime and exempt salary thresholds, and update all required city and state wage postings.
Penalty: Back wages, liquidated damages, civil penalties up to $20,000, and potential criminal penalties
Federal deadlines that also apply
These federal requirements apply to New York employers alongside the state rules above.
Stay compliant — and turn it into recertification credits
Track every New York deadline on our free interactive compliance calendar, check how many HRCI or SHRM credits you still need with the Gap Planner, or start earning credits now with a free course.