Bills affecting W-2 worker (non-union) in New York — 2026 session

Eliminates provisions exempting employees with disabilities from the minimum wage law; provides that laws or minimum wage orders that authorize an employer to pay a wage that is less than the minimum wage are valid provided that under such laws or orders an employee with a disability is paid the same wage as an employee in a comparable position that does not have a disability.

Relates to farm worker meal, lodging and utilities minimum wage credits being adjusted for cost of living increases.

Enacts the "fair pay for home care act" relating to minimum wages applicable to home care aides; provides for a minimum wage of 150% of the applicable statewide or regional minimum wage.

Provides for payments for home and community based long term care services; provides that funds appropriated to compensate for minimum wage requirements, shall not be subject to managed care risk adjustment on insurers.

Establishes an unemployment bridge program and an unemployment bridge program fund to provide wage replacement to workers that do not qualify for unemployment insurance or other worker wage assistance programs and who have lost a major source of income due to lost work (Part A); establishes the "Digital Ad Tax Act (DATA)" creating a tax on digital advertising services (Part B).

Relates to decreasing the length of the suspension period applicable to certain individuals who lose their jobs due to a labor dispute, such as a strike, and who seek to obtain unemployment insurance benefits; decreases the suspension period from two consecutive weeks to one week; provides that the waiting period and suspension period shall be served concurrently.

Extends eligibility for the farm employer overtime tax credit to certain professional employer organizations that are in a contractual relationship with an eligible farm employer.

Requires that all human services contracts between any public entity and a human services provider stipulate that the public entity will pay no less than 150% of the higher of: the otherwise applicable minimum wage in the state or any otherwise applicable wage rule or order and that the necessary amounts have been appropriated to ensure payment of such minimum wage.

Increases the minimum wage outside of New York city and the counties of Nassau, Suffolk, and Westchester; repeals certain provisions of law relating to exceptions to minimum wage increases.

Requires the superintendent of state police to develop, maintain and disseminate to all members of the division of state police a critical incident leave policy requiring critical incident paid leave for any members directly involved in a critical incident; prohibits such superintendent from taking any punitive administrative action against any member of the division of state police granted critical incident leave solely on the basis of the provision of such leave.

Requires legislative approval of minimum wage increases promulgated through wage orders.

Establishes the "Safe Staffing for Hospital Care Act"; establishes minimum staffing levels for various health care workers in different health care facilities; requires submission of staffing plans; prohibits most mandatory overtime.

Enacts "the prison minimum wage act" relating to payment for labor performed by incarcerated individuals.

Increases the minimum wage annually; provides for the enforcement of the minimum wage; repeals certain provisions of law relating thereto.

Extends provisions of law providing for certain fees and expenses in unemployment insurance proceedings to December 31, 2028.

Requires the department of labor to study the long-term impact of artificial intelligence on the state workforce including but not limited to job performance, productivity, training, education requirements, privacy and security; prohibits any state entity from using artificial intelligence in any way that would result in the displacement of any currently employed worker or loss of position, including partial displacement such as a reduction in the hours of non-overtime work, wages or employment benefits, or results in the impairment of existing collective bargaining agreements.

Provides that a claimant's weekly unemployment insurance benefit shall be calculated based on such claimant's average weekly wage compared to the state average weekly wage.

Relates to the election to have federal and/or state income tax deducted and withheld from an individual's unemployment insurance benefits.

Reduces federal adjusted gross income by the amount of overtime compensation earned by an individual in certain circumstances; defines overtime compensation.

Requires that the average annual wage and average weekly wage of the state of New York, which determine the maximum cap for unemployment insurance benefits, be adjusted for inflation each year.