Employment Tip of the Month - March 2026

Written By Kevin McKernan

The pending amendments to NYS's new Trapped at Work Act could expand potential exposures for employers, therefore it is important to be aware of what the amendments to the new Trapped at Work Act clarify in order to limit potential exposures. 

Proposed Amendments would modify the Act 

  1. Delay of the Effective Date A09452 

  2. Simplification of the Definitions of Covered Employees and Employers 

  3. Common Compensation Arrangements Exceptions 

  4. Tuition Repayment Exceptions 

  5. Enforcement and Penalties 

Until the Amended is enacted, New York employers should continue evaluating their bonus and repayment agreements pursuant to the language within the Act and be prepared to adapt to the proposed changes. Employers in other states should remain alert for similar acts enacted or proposed. 

This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client.

For further information please contact me at www.kmckernanlaw.com kevin@kmckernan.com or 718-317-5007.

Kevin McKernan
Previous

Postnuptial Agreements as Risk Management Tools for Executives and Entrepreneurs
Next

New York Employers Beware: Credit Checks are Being Banned Statewide