Employment Updates from the End of New York’s 2026 Legislative Session

Seyfarth Synopsis: With the 2026 New York State legislative session complete, several employment-related bills have passed both chambers, and now await possible consideration by Governor Hochul.

The 2026 New York State legislative session, which concluded in early June, saw a number of bills that passed both the Assembly and Senate and may become law. The ultimate fate of the bills, however, remains in flux, as it is uncertain whether they will ever be formally “delivered” to the Governor for her consideration, and if so whether she will approve or veto them. That uncertainty may last through the end of December 2026, although further action on any of the bills might occur at any time before then.

New York employers should be aware of these potential enactments so that they can be prepared to come into compliance if necessary, as many of them would make foundational changes in state employment law. Below are summaries of the bills.

• The “No Severance Ultimatums Act” (S372A): This bill would impose new requirements on severance agreements offered in connection with separation of employment. Specifically, employers would be required to provide employees with: (i) written notice of the right to consult an attorney, (ii) at least 21 calendar days to consider the agreement, and (iii) a 7-day revocation period following execution of the agreement. The bill further requires that an employee’s decision to accept a severance agreement be “knowing, voluntary, and not induced by the employer through fraud [or] misrepresentation.” The legislation largely mirrors the federal Older Workers Benefit Protection Act, but would extend similar protections to employees of all ages. A substantially similar bill (discussed here) failed to pass during the 2025 legislative session.
• Job Posting Disclosures (S08877): This bill would impose disclosure requirements for job advertisements issued by employers with at least 100 employees, as well as third-party job posting entities. Covered postings would be required to specify whether the position is a current vacancy expected to be filled within or after 90 days, or whether the employer is accepting applications for future roles. Employers would also be required to remove postings within two weeks after a position is filled, and to notify third-party platforms when they reasonably believe a posting remains active. Violations could result in civil penalties of up to $2,500 per posting, with increased penalties for continued noncompliance.
• Non-Compete Restrictions (S09759): This bill would prohibit employers from requiring or enforcing non-compete agreements against most workers in New York, subject to certain exceptions. The exceptions include agreements with “highly compensated individuals,” defined by an annual compensation threshold; other restrictive covenants, such as confidentiality and client non-solicitation provisions, that do not function as non-competes; and non-compete provisions entered in connection with the sale of a business. The bill also authorizes private rights of action and permits courts to award injunctive relief, damages, and attorneys’ fees for violations. After failing to pass the Assembly in 2025, this new bill passed the Senate in the closing days of the 2026 legislative session, but did not progress to a vote in the Assembly. However, under New York legislative procedure, the bill may roll over into the 2027 session, starting in January. So while this bill is stalled for now, it may come back to life next year. (A broader prohibition of non-competes passed both chambers in 2024, but was vetoed by the Governor.)

Other bills that passed both chambers in the 2026 legislative session include:

• Access to Personnel Records (S3460): This bill would require employers to provide employees with access to their personnel records and would impose significant obligations on employers. For more information, see here.
• The Anti-Waiver of Employment Rights Act (S4424‑A): This bill would place broad prohibitions on contractual limitations of employees’ statutory rights. For more information, see here.

In addition, the “Trapped at Work Act” (S04070B) will take effect in December 2026 after Governor Hochul signed amendments into law on February 13, 2026. For more information, see here.

Seyfarth will continue to monitor developments in this space and provide updates when available. In the meantime, feel free to reach out to any of the authors of this alert, or your regular Seyfarth contact, with any questions.

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*Emily Cronin is a Summer Associate on Seyfarth’s Labor & Employment team. Many thanks for her contribution to this update.