Government Affairs Updates
Government Affairs Updates
Federal and New York State employment law developments, minimum wage schedules, and resources to keep your organization current.
On May 14, 2026, the DOL announced it is rescinding the Biden-era rule that raised overtime exemption salary thresholds, restoring the 2019 standards effective May 15, 2026. Federal courts in Texas had already struck down the Biden rule, and the DOL dropped its appeals. The federal overtime exemption threshold is now:
New York employers: New York's thresholds for administrative and executive positions are higher than the federal floor. You must comply with whichever standard is greater. See the New York Salary Thresholds table below.
The EEOC's new National Enforcement Plan (NEP) replaces the 2023 Strategic Enforcement Plan. It runs through 2029 and signals a significant shift in enforcement priorities. The NEP does not change federal law, but it tells you where the EEOC will focus its investigations and litigation resources for the next three years.
Key priorities under the new NEP include moving away from "disparate impact" cases in favor of "disparate treatment" (intentional discrimination), scrutinizing DEI programs as potential sources of race- or sex-based decision-making, and prioritizing religious accommodation cases and single-sex workplace spaces.
Practical action: Conduct a targeted review of recruiting materials, DEI-related initiatives, accommodation policies, and workplace access rules. State and local anti-discrimination laws remain in effect regardless of the NEP's priorities.
New York State codified disparate impact discrimination under the NYSHRL effective December 19, 2025. Under the new law, an unlawful discriminatory practice may be established where an employer uses a policy that predictably results in a disparate impact based on a protected characteristic — proof of discriminatory intent is not required.
However, on June 9, 2026, the DOJ's Office of Legal Counsel issued a Memorandum Opinion concluding that disparate impact liability under Title VII is unconstitutional as currently applied. This aligns with President Trump's April 2025 Executive Order on Meritocracy and the EEOC's new NEP. New York's recently enacted law may face a constitutional challenge as a result.
Watch this space: New York employers must comply with the codified disparate impact standard today. Monitor developments — a constitutional challenge to the state law is plausible and could change the landscape.
Senate Bill S5922-A/A2725-A, signed December 12, 2025, requires private employers covered by OSHA that maintain first aid supplies to also make opioid antagonists (naloxone/Narcan) available for emergency use. Follow-up amendments (A9453/S8770, signed February 13, 2026) clarify that employers are not required to place naloxone in every individual first aid kit — they must ensure it is readily accessible wherever first aid is administered. Compliance deadline: December 12, 2026.
The NYS Department of Labor will issue regulations addressing dosage quantities by workplace size, training requirements, and additional implementation guidance. Those regulations are pending.
Do now: Audit your first aid protocols, identify where opioid antagonists will be stored, and plan for training once DOL regulations are released.
Both houses of the New York State Legislature passed Senate Bill S3460 on May 19, 2026. If signed by Governor Hochul, it would amend the New York Labor Law (new Section 210-b) to require employers to provide employees access to their personnel records within five business days of a written request, at no cost, up to twice per year.
Employers would also be required to notify employees within 10 days whenever negative information — meaning anything that "has been used or may be used to negatively affect the employee's qualifications for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action" — is placed in their file. Employees would have the right to submit a written rebuttal, which must be included in the file and transmitted to any third party who receives the negative information. The Attorney General could fine violators $500–$2,500.
Prepare now: If signed, employers have only 60 days to comply. Start reviewing how your organization documents performance, discipline, and employment decisions. Update your handbook and build a process for timely notices before you need it.
| Location | Jan 1, 2025 | Jan 1, 2026 |
|---|---|---|
| New York City, Nassau, Suffolk & Westchester Counties | $16.50/hr | $17.00/hr |
| Remainder of New York State | $15.50/hr | $15.50/hr |
| View official NYS minimum wage posters and schedules ↗ | ||
| Location | Jan 1, 2025 | Jan 1, 2026 |
|---|---|---|
| NYC, Nassau, Suffolk & Westchester Counties | $1,237.50/wk ($64,350/yr) | $1,275.00/wk ($66,300/yr) |
| Remainder of New York State | $1,161.65/wk ($60,405.80/yr) | $1,199.10/wk ($62,353.20/yr) |
| Threshold | Amount |
|---|---|
| Minimum wage | $7.25/hr |
| Exec., Admin. & Professional overtime exemption (minimum weekly salary) | $684.00/wk ($35,568/yr) |
| Highly compensated employee exemption | $107,432.00/yr |
Got a question you'd actually like a real attorney to answer? Each month's BNHRA Members Briefing includes an Ask the Attorney segment, featuring questions submitted by members and answered by attorneys at Hodgson Russ LLP. Questions are kept confidential. Your question becomes a resource for every member who reads that issue.
Submit a Question| 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 | |
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
