As of July 2026, several New York employment-related bills are advancing through the legislative process, with some awaiting action by Gov. Kathy Hochul and others still pending before the Legislature. While these proposals are not law unless and until they are signed and enacted, employers should closely monitor their status and assess the potential impact on workplace policies, practices, and compliance obligations.

Key Pending Bills New York State Employers Should Watch

1. “No Severance Ultimatums Act” (S372A)

This bill, which is awaiting action from the governor, would require employers offering severance agreements to:

• notify employees of their right to consult an attorney;
• provide at least 21 calendar days to consider the agreement;
• allow a 7-day revocation period after signing; and
• ensure acceptance is knowing and voluntary.

The proposal would extend protections similar to those currently available under the federal Older Workers Benefit Protection Act to employees of all ages.

Employer impact: Review separation agreement templates and severance processes.

2. “Ghost Job” Posting Disclosure Bill (S8877)

This bill, which is awaiting action from the governor, would require employers with 100 or more employees and certain third-party job-posting platforms to:

• disclose whether a position is an actual vacancy, anticipated future opening, or merely collecting resumes;
• remove filled-job postings within two weeks; and
• notify third-party sites when positions have been filled.

Civil penalties could reach $2,500 per violation, with escalating penalties for ongoing noncompliance.

Employer impact: Recruiting and talent acquisition teams may need to revise posting practices and tracking procedures.

3. Non-Compete Restrictions (S9759)

This legislation, which is currently pending in the Assembly, would largely prohibit employers from requiring or enforcing non-compete agreements against most workers in New York, while providing limited exceptions. The bill would prohibit non-compete agreements and certain restrictive covenants, while authorizing covered individuals to bring a civil action against employers that violate the prohibition.

Employer impact: Organizations relying on non-compete clauses should evaluate alternative protections, such as confidentiality, trade secret, and non-solicitation agreements.

4. Personnel File Access Requirements (S3460)

The bill, which is awaiting action from the governor, would establish detailed personnel-file requirements and provide employees and former employees with expanded rights to inspect employment records.

Specifically, the bill would grant employees access to personnel records, require notice of negative information placed in those records, provide an opportunity for employees to respond, and permit employees to include certain information in their personnel files.

Employer impact: HR departments may need to adjust recordkeeping, retention, and employee-access procedures.

5. Anti-Waiver of Employment Rights Act (S4424A)

This proposal, which is awaiting action from the governor, would invalidate certain contractual provisions that waive or limit employee rights under the New York Labor Law or New York State Human Rights Law. The aim of the bill is to “reaffirm and clarify” for the courts that the protections of the New York Labor Law and the New York State Human Rights Law are mandatory and non-waivable through private agreement, according to the text of the bill.

It could affect employment agreements, compensation plans, and arbitration-related provisions.

Employer impact: Existing employment contracts may require legal review.

Recommended Actions for New York Employers

• Monitor gubernatorial action on these bills through the remainder of 2026.
• Review severance agreements, employment contracts, and restrictive covenant provisions now.
• Audit recruiting and job-posting processes for compliance with potential ghost-job disclosure requirements.
• Assess personnel recordkeeping practices in anticipation of expanded employee access rights.
• Evaluate wage-and-hour, accommodation, and anti-discrimination policies for potential increased exposure.

For employers, these proposals could require significant updates to workplace policies, employment agreements, hiring practices, and recordkeeping procedures. Organizations should closely monitor legislative developments and evaluate whether their current practices would comply with the proposed requirements if enacted.

A knowledgeable employment attorney can help you gain an understanding of the unique difficulties each workplace conflict presents and work toward a solution that benefits you. Tully Rinckey attorneys have the experience to assist both employees and employers in achieving their objectives, regardless of the matter, which may include discrimination, sex harassment, or any other claim involving worker rights or employer responsibilities, including accurate tax reporting. Call (888) 978-1429 or contact us online today for a consultation and get an advocate who will fight for your rights.

Amanda L. Smith, Esq. is a Partner in Tully Rinckey PLLC’s Buffalo office, where she focuses her practice on Federal and State Employment and Labor Law.