New York Employment Law Changes: What Employers Need to Know Before Year-End

Several changes to New York employment law will take effect in late 2026, introducing additional requirements for employers, making it important to review existing policies, procedures, and workplace practices.

As employment regulations continue to evolve, staying ahead of compliance requirements is essential to protecting your organization and supporting your workforce. Insero’s HR Consulting team helps businesses navigate these changes with practical guidance, clear policies, and effective HR processes.

Personnel Records Access Law

Effective November 8, 2026

Under the new law, New York employees and former employees will have broad access rights to their personnel records.

Key Employer Requirements:

• Provide personnel records within 5 business days of a written request.
• Allow employees to review records up to twice per calendar year.
• Notify employees within 10 days when negative information is added to their personnel files.
• Retain personnel records for 3 years after separation from employment.
• Allow employees to submit written rebuttals to disputed information.

Recommended Action:

• Review personnel file contents.
• Establish a response process for employee requests.
• Train HR and managers on notification and retention requirements.

Workplace Opioid Antagonist (Narcan®) Requirement

Effective December 13, 2026

New York employers that are required under OSHA standards to maintain workplace first-aid supplies must also have an opioid antagonist, such as naloxone (Narcan®), available at the workplace.

Key Employer Requirements:

• Maintain opioid antagonist supplies in the workplace.
• Store them in accessible locations.
• Follow forthcoming NY Department of Labor guidance regarding quantity, placement, and training.

Recommended Action:

• Review first-aid programs and supplies.
• Evaluate workplace locations for compliance.
• Prepare for employee training and implementation.

Trapped at Work Act

Effective December 19, 2026

The Trapped at Work Act generally prohibits employers from requiring employees or applicants to sign “stay-or-pay” agreements as a condition of employment. These agreements typically require repayment of money if employment ends before a specified date.

Key Employer Requirements:

• Review sign-on bonus repayment agreements.
• Review training repayment agreements.
• Review relocation repayment provisions.
• Ensure any allowable reimbursement arrangements meet statutory exceptions.

Recommended Action:

• Audit offer letters and employment agreements.
• Review tuition and credential reimbursement programs.
• Consult legal counsel regarding any existing repayment provisions.

Prepare Your Organization for What’s Ahead

With these new requirements approaching, employers should prioritize reviewing HR policies and employee handbooks, updating personnel records practices, evaluating workplace safety procedures, and assessing employment agreements. Equally important is ensuring HR teams and supervisors understand their responsibilities and are prepared to implement necessary changes.

Insero’s HR Consulting team can help your organization identify potential compliance gaps, strengthen existing policies and procedures, and develop practical solutions that align with your business needs.

Connect with our team to discuss how Insero can help your organization prepare and stay compliant.