At a glance
- A series of changes are being made to the New York Labor Law (NYLL).
- For first-time violations of pay frequency laws (eg, not paying manual workers weekly), damages are now limited to interest-only compensation, provided the employee was paid at least semi-monthly.
- The New York State Department of Labor can now impose a 15% surcharge on unpaid wage judgments and allow employees to directly enforce wage orders without waiting for state action.
- Minor employment certification process is being amended.
Legislation enacted as part of the 2025–26 New York state budget makes several changes to NYLL, including:
- Limiting damages available for 'frequency-of-pay' claims brought by employees alleging that their employer failed to pay them wages within the timeframe set forth by the applicable statute. Under the amended NYLL, so long as the worker was paid regularly and at least semi-monthly, damages for a first violation of the pay frequency law are limited to 100% of the lost interest due to the delayed payment of wages.
- Increasing the New York State Department of Labor’s enhancement powers, including the ability to impose a 15% surcharge on unsatisfied wage judgments and to allow employees to enforce wage orders directly.
- Reforming of the minor employment certification process.
More to explore
