2026 New York Labor Law Roundup
Starting February 22, 2026, New York City will update the Earned Safe and Sick Time Act (ESSTA) and the Temporary Schedule Change Act (TSCA), both of which apply to employers of all sizes. Highlights of the changes are below.
ESSTA Changes
Additional Unpaid Safe and Sick Time
In addition to safe and sick time currently available under the ESSTA, employers will be required to provide all employees with a minimum of 32 hours of unpaid safe and sick time upon hire and on the first day of each calendar year. This time needs to be made available for immediate use for reasons permitted under the ESSTA. Employers aren't required to allow employees to carry over this unpaid time into the next benefit year if it's not used.
If an employee needs time off for an ESSTA-qualifying reason, the employer must first allow them to use their accrued, unused paid safe and sick leave. However, employers don't have to allow use of paid leave if it's unavailable or the employee requests to use other leave. Employees' unpaid ESSTA leave balance and usage will need to be reported on each pay statement, just as the current ESSTA law requires.
New Reasons for Leave Use
Employees will be allowed to take safe and sick time (both paid and unpaid) for the following additional reasons:
The closure of their workplace by a public official due to a public disaster
The closure of, or a limited in-person operations of, their child's school or childcare provider by a public official due to a public disaster
A directive from a public official to remain indoors or avoid travel due to a public disaster which prevents them from going to work
For certain reasons related to the employee or a family member being the victim of workplace violence
To care for their minor child or care recipient (illness not required)
To attend or prepare for legal proceedings related to their own, their family member's, or their care recipient's subsistence benefits or housing, or taking actions necessary to obtain housing or benefits
Effect on the Temporary Schedule Change Act
The reasons that required employers to allow a schedule change under the TSCA are now protected by the ESSTA, making the TSCA's separate protection of these reasons unnecessary. As a result, the TSCA has been amended to only require that employers consider schedule change requests that aren't protected by ESSTA or any other applicable law.
Minimum Wage Changes in New York City and Suffolk, Nassau, and Westchester Counties
The minimum wage will increase to $17.00/hr.
Industry-specific hourly minimum wages will increase as follows:
Tipped hospitality service workers: $14.15
Tipped hospitality food service workers: $11.35
Home care aides: $19.65
The minimum salary threshold for exempt executive and administrative employees will increase to $1,275 per week ($66,300 annually).
Minimum Wage Changes in the Rest of New York State
The minimum wage in the remainder of New York State (all areas outside of New York City, and Suffolk, Nassau, and Westchester counties) will increase to $16.00/hr.
Industry-specific hourly minimum wages will increase as follows:
Tipped hospitality service workers: $13.30
Tipped hospitality food service workers: $10.70
Home care aides: $18.65
The minimum salary threshold for exempt executive and administrative employees will increase to $1,199.10 per week ($62,353.20 annually).
Action Items:
Post an updated ESSTA notice in the workplace and add it to your new hire paperwork when it becomes available from the state.
Amend your ESSTA policies and practices as needed.
If you have a policy addressing the TSCA, amend or remove it, as appropriate.