Government Affairs Updates
| Governmental Affairs Committee | |
Governmental Affairs Director  Shannon Scott Iskalo Development Corp. 5166 Main Street Williamsville , NY 14221 716-579-4599 e-mail: shannoncscott@gmail.com | |
Governmental Affairs Mission
BNHRA Governmental Affairs partners with the SHRM Governmental Affairs program to anticipate and address regulations and legislation that could change the way Human Resource professionals perform their jobs. BNHRA collaborates with NYS SHRM and national SHRM to advance the human resource profession in the area of government affairs. BNHRA provides an opportunity for local chapter members to assist in shaping regulation and legislation as the subject matter experts in employment relations in Western New York.
Do you have questions, suggestions or general feedback? Please contact the Director of Governmental Affairs!
Legal changes can be a lot to keep track of- and even more to understand. My name is Shannon Scott and as Governmental Affairs Director of the Buffalo Niagara HR Association, my goal is to help break down and make more manageable the moving parts of the law. The Governing HR podcast is a conversation between me and another HR or business pro, and we'll tackle not only what's changing, but what to do about it and what strategies you might want to consider.
In this episode, Shannon chats with Colleen Reedy about upskilling Buffalo's talent in the tech space. Serving as the Director, Talent Solutions at Per Scholas, Colleen oversees cohorts of individuals pursuing the IT discipline and connects them to future employers upon graduation. This program offers a unique opportunity for organizations to find talent in the community who might not otherwise have had the ability to pursue a career in tech. Shannon and Colleen discuss how organizations can think of recruitment differently with opportunities like the one Per Scholas offers to people and companies.
Immigration
Recent executive orders and enforcement priorities have transformed immigration policy. ICE has conducted worksite raids and deportations, and I-9 audits are on the rise.
The following guidance from legal resources provides information on internal I-9 audits and preventive measures before an ICE raid.
Preventive_Measures_Employers_Can_Take_Before_an_ICE_Raid_2025_0.pdf
Immigration_I-9_Audit_Guide_2025.pdf
www.jacksonlewis.com, April 12, 2025
New I-9 Form
On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a new version of Form I-9, which bears a Jan. 20, 2025, edition date and is available for download. This version of the form will be valid through May 31, 2027. The key changes highlighted by USCIS are as follows:
- renaming the fourth checkbox in Section 1 from “A noncitizen authorized to work” to “An alien authorized to work”;
- revising the descriptions of two List B documents in the Lists of Acceptable Documents (the change is to the description of driver’s licenses and ID cards issued by federal, state, or local government agencies or entities, noting that the document should include information such as the individual’s “sex” rather than “gender”); and
- revisions to the instructions, including the DHS Privacy Notice section.
The Jan. 20, 2025, edition of Form I-9 may be used now. However, employers may still use the two older versions of Form I-9 bearing an Aug. 1, 2023, edition date, as those remain valid through their expiration dates, found at the top right-hand corner of the form. These older versions are:
- Form I-9 (Aug. 1, 2023, edition) with a May 31, 2027, expiration date.
- Form I-9 (Aug. 1, 2023, edition) with a July 31, 2026, expiration date. Employers using this form who utilize an electronic system for Form I-9 completion must update their electronic systems to reflect the May 31, 2027, expiration date by July 31, 2026.
“Employers Take Note: USCIS Issues New Form I-9 Edition”, www.mcguirewoods.com, April 9, 2025
Reminder: FLSA Exempt Salary Requirements
The Fair Labor Standards Act (FLSA) sets the standards for minimum wages, overtime pay, and what exemptions count for those ineligible for overtime (the classic "salaried exempt" folks). On April 23, 2024, the USDOL published a final rule increasing the salary thresholds for overtime exempt employees.
Under the FLSA regulations promulgated by the DOL, employees may be exempt from overtime requirements based on their salary level, salary basis, and job duties. The new rule does not change existing salary basis and job duties requirements. The new rule significantly increases the salary level threshold for overtime-exempt employees based on the following schedule.
Effective January 1, 2025:
▪ The salary threshold will increase again to $1,128 per week ($58,656 per year). Over a 33% increase.
▪ Highly-compensated employee exemption: increase to $151,164 annually. Over 13% increase.
Subsequent increases are scheduled to be calculated every three years, starting July 1, 2027.
NYS Salary Thresholds
New York has historically enacted state-level salary thresholds for exempt employees that exceed the minimum requirements of the FLSA.
The salary thresholds for Administrative and Executive Employees in New York are listed below. (New York does not have a state-level salary threshold for Professional Employees.)
For New York City, Nassau County, Suffolk County, and Westchester County:
January 1, 2025 – $1,237.50/week ($64,350.00 per year)
January 1, 2026 – $1,275.00/week ($66,300.00 per year)
For Remainder of New York State:
January 1, 2025 – $1,161.65/week ($60,405.80 per year)
January 1, 2026 – $1,199.10/week ($62,353.20 per year)
Clean Slate Act
Last November, Governor Hochul signed the Clean Slate Act into legislation. The Act takes effect on November 16, 2024. Its key intent is to increase employment opportunities for individuals with criminal histories who have no recent criminal convictions. To be eligible for automatic sealing of their records, individuals must complete their sentences (including probation or parole time) and not reoffend within a stipulated period of time. This statutory period ranges from three years for misdemeanors to eight years for eligible felonies. The clock restarts if parole or probation is revoked or if there is a new conviction. All records of sex crimes, and Class A felonies (such as first or second-degree murder, first degree kidnapping), except those related to drug possession, are ineligible for sealing. There are additional nuances to what The Clean Slate Act may mean for your industry. For example: The Clean Slate Act only applies to New York’s penal law (federal law and criminal convictions in other states would not be sealed). Entities, including those that work with children, the elderly or vulnerable adults, that are required or authorized by law to conduct a fingerprint-based background check, are not impacted by the Clean Slate Act.
HELPFUL LINKS:
Posters: https://www.ny.gov/new-york-states-minimum-wage/new-york-states-minimum-wage
Resources on how to determine exempt workers: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime https://dol.ny.gov/system/files/documents/2021/12/administrative-employee-overtime-exemption-frequently-asked-questions.pdf
https://dol.ny.gov/system/files/documents/2021/03/executive-employee-overtime-exemption-frequently-asked-questions.pdf
Phillips Lytle LLP Alert for BNHRA Members
How Employers Can Prepare for New York State’s Bill Governing Personnel Records
Written By: James R. O’Connor, Colleen R. McMullen As of May 19, 2026, both houses of the New York State Legislature passed Senate Bill S3460. If signed into law by Governor Kathy Hochul, the bill will amend the New York Labor Law to require employers to provide employees with access to personnel records upon request and to notify employees when negative information is placed in their personnel files, among other obligations. Under current New York State law, an employee’s personnel file is generally considered the property of the employer, and employers are not presently required to provide employees with access to those records. However, if S3460 is signed into law, this will change, as discussed below. If Governor Hochul signs S3460 into law, employers will have 60 days following enactment to implement compliant policies and procedures. A. Mandatory Employee Access to Personnel Records If signed, the bill would amend the New York Labor Law by adding a new Section 210-b to require employers to provide a requesting employee with access to the employee’s personnel record within five business days of the employee’s written request, at no cost to the employee. A “personnel record” is defined by S3460 as “a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment.” The bill specifically notes that this includes, but is not limited to: Employers would be required to provide copies of a requesting employee’s personnel record on up to two occasions per year, except where the request arises from notice that negative information has been added to the record, as discussed below. Such reviews do not count towards an employee’s annual two-request limit. B. Employees Must Receive Notice of Negative Information Placed in a Personnel Record and Must Also Be Permitted to Rebut Such Information in Writing One of the most significant changes proposed by the bill is the new requirement that employers notify employees when information has been placed in a personnel record that “has been used or may be used, to negatively affect the employee’s qualifications for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action.” If an employer adds such information to an employee’s personnel record, the employer will be required to notify that employee within 10 days of the information’s addition—assuming that Governor Hochul signs the bill into law. At this point, it is presumed that the notification must occur within 10 calendar days as opposed to business days. It is unclear what form that notice must take, if any. If, after receiving such notice, an employee requests in writing to review the negative personnel record, the employer is obligated to provide a copy to the employee within five business days. This request would be excluded from the bill’s two-request annual cap. Most significantly, employees must also be afforded the opportunity to submit a written statement explaining the employee’s position—an apparent means to counter or rebut the negative information. Under this proposed law, the employer must also include the employee’s written rebuttal in the personnel record. Moreover, employers must include the employee’s statement whenever such negative information is transmitted to a third party. C. Potential Penalties and Remedies The Attorney General could bring an action, at their discretion, against violators of the bill and subject them to a fine between $500 and $2,500. Individual employees who face illegal discrimination or retaliation for exercising their rights under the amended statute may also bring a claim. If an employer places information in a personnel file that the employer “knew or should have known to be false,” the employee can seek to have the information expunged through a judicial action for injunctive relief (i.e., a lawsuit), “other personnel procedures,” or an applicable collective bargaining agreement. If Governor Hochul signs this bill into law, employers will have a short 60-day window to bring their policies and procedures into compliance. Thus, employers should begin considering how they will be affected by this legislation right away. The proposed notice requirements, paired with the increased employee visibility into their personnel records, will require significant changes to how New York employers document performance, discipline and other employment-related matters. The opportunity for employees to rebut each and every piece of “negative information” added to their file presents obvious and significant challenges. Employers should consider additional HR training on these potential new requirements and should be prepared to revise handbooks and implement standardized procedures to ensure timely notice when negative information is added to a personnel file. Additional Assistance For further assistance, please contact any of the attorneys on our Labor and Employment Practice Team or the Phillips Lytle attorney with whom you have a relationship. Newly Passed Bill May Overhaul Employers’ Personnel Recordkeeping Obligations
Existing Employer Obligations Concerning Personnel Records
Key Changes if S3460 Is Enacted
What Employers Should Consider
