Category: Compensation

New York Secure Choice - Man holding coffee on beach looking at sunrise

New York Secure Choice: Key 2026 Deadlines for Employers

New York Secure Choice, the state-facilitated Roth IRA program, officially launched on October 8, 2025. Covered employers face 2026 registration deadlines and new, ongoing payroll and notice obligations. Below is what New York employers need to know now, with the latest official dates and practical guidance.

The New York Secure Choice program only applies to private employers and their employees. Existing state retirement systems remain in place for the public (government) sector. New York joins more than a dozen states now mandating access to payroll-based savings plans in private employment.

Who’s Covered by New York Secure Choice

An employer is covered if it:

  • Has at all times during the previous calendar year employed at least 10 employees in New York;

  • Has been in business at least two years; and

  • Does not offer a qualified retirement plan (such as a 401(k), 403(b), SEP, SIMPLE, or 457(b)).

Employers meeting these criteria must register through the Secure Choice portal. However, those who meet the first two criteria, but already sponsor a qualified plan, must still log in to certify their exemption. Others may still choose to certify exemption (based on size or duration of business) to avoid complications.

At this point, it does not appear that otherwise exempt employers can voluntarily participate in Secure Choice.

Employees are eligible for the program if they are 18 or older and work for a covered employer in New York.

Effective Dates: Staggered 2026 Registration Deadlines

New York Secure Choice has published employer registration deadlines based on employer size:

  • 30 or more employees: March 18, 2026

  • 15–29 employees: May 15, 2026

  • 10–14 employees: July 15, 2026

Employers will receive notice as their deadline approaches, but registration is open now.

Infographic showing New York Secure Choice employer registration deadlines: 30+ employees—March 18 2026; 15–29 employees—May 15 2026; 10–14 employees—July 15 2026.

What the Program Is (and Isn’t)

The Secure Choice program is a state-sponsored, automatic-enrollment payroll-deduction Roth IRA program. It is not an ERISA plan. Employees are automatically enrolled unless they opt out, and each account is an individual Roth IRA owned by the employee, not the employer.

By default, contributions start at 3% of pay. Funds are initially placed in a principal protection option for approximately 30 days. Then they are transferred to an age-based target-date fund, unless the saver chooses otherwise. Employees can elect to automatically increase their contribution by 1% each year, up to a maximum of 10%. Participation is voluntary, and employees may opt out at any time.

Employers cannot make matching or other contributions to the Secure Choice IRAs. They may only deduct and remit from an employee’s earned wages.

As an IRA, employees maintain the same Secure Choice retirement account when they change jobs.

Employer Duties Once You’re in the New York Secure Choice Program

Once registered, employers must:

  1. Upload employee information to the Secure Choice portal.

  2. Allow the program to notify employees, who have a 30-day window to opt out or adjust their settings.

  3. Begin payroll deductions after that opt-out window closes.

  4. Remit employee contributions each pay period.

Employers must submit all employee contributions by the last day of the month following the month in which the corresponding wages were paid. Nonetheless, employers have no fiduciary responsibility for investments or plan management. Vestwell will administer the program, and The Bank of New York Mellon serves as custodian.

Exemptions and Existing Plans

Employers that already offer a qualified retirement plan are exempt from Secure Choice requirements but must certify their exemption through the portal. Certification helps the State track compliance and avoid unnecessary reminders or enforcement actions.

Enforcement and Penalties

The State has the authority to establish penalties for employers that do not register or remit contributions. As of now, however, no penalty schedule has been published. Enforcement guidance is expected closer to the 2026 registration deadlines.

Accordingly, you should monitor program updates in 2025 for the release of final enforcement procedures.

Practical Steps for Employers

1. Confirm coverage and timing.
Determine your employee count and identify which 2026 deadline applies to your business. Some companies will be close to the thresholds and need to carefully analyze their coverage status.

2. Decide whether to register or certify an exemption.
If you already sponsor a retirement plan, log in to the portal and certify your exemption. If not, register and prepare your payroll system for deductions.

3. Prepare for the 30-day employee opt-out window.
After you upload employees, the program will notify them directly. Payroll deductions begin only after this period expires.

4. Coordinate with your payroll provider.
Ensure your payroll system can support Secure Choice deductions and remittances.

5. Train HR and payroll staff.
They should understand the employer’s limited role—facilitating payroll deductions and data maintenance only. Employers may not provide investment or tax advice.

Why New York Secure Choice Matters

Secure Choice shifts the default for New York employers that don’t sponsor a plan. If you’re covered, you must either implement your own qualified plan or register with the State program on the applicable 2026 timeline. Taking proactive steps now will help you avoid last-minute compliance issues and ensure a smooth rollout when your registration window opens.

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New York Pay Transparency

Statewide New York Pay Transparency Law Enacted (with Planned Amendments)

On December 21, 2022, Governor Kathy Hochul signed legislation establishing a statewide New York pay transparency law. When the law takes effect on September 17, 2023, it will require covered employers to list salary or wage ranges for all advertised jobs and promotions. Employers must also publish the job description if one exists.

These new pay transparency disclosures aim to empower workers with more information to reduce discriminatory wage and hiring practices. In particular, Gov. Hochul stated that this legal measure will provide a “critical tool in our efforts to end pervasive pay gaps for women and people of color.” It remains to be seen how much clarity the law will actually produce for workers at the expense of increased compliance responsibilities on employers.

The State law expands on pay disclosure requirements that took effect in New York City in 2022.

Covered Employers

The New York pay transparency requirements will apply to employers with four or more employees. However, there is a partial exception for staffing companies that place employees with various other organizations on a temporary basis.

The law also appears to impose compliance obligations on any “agents” of a covered employer who are responsible for advertising job openings.

Due to conflicting definitions of “employer” in the Labor Law, it’s unclear whether the New York pay transparency requirements will apply to public (i.e., governmental) employers.

Mandatory Disclosure Requirement

In advertising a “job, promotion, or transfer opportunity that can or will be performed, at least in part, in the state of New York,” a covered employer must include:

  • the compensation or range of compensation for such job, promotion, or transfer opportunity; and
  • the job description for such job, promotion, or transfer opportunity, if such description exists.

Where a position will be compensated solely on a commission basis, the employer can satisfy the compensation disclosure by generally stating that the compensation will be based on commissions.

The New York pay transparency law does not offer much additional clarification on these notice requirements. Instead, it directs the New York Commissioner of Labor to issue rules and regulations to advise employers further on the application of the law.

Recordkeeping

Under the law as originally enacted, employers must maintain records listing the history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions, if they exist.

Penalties

Applicants and employees can file a claim of noncompliance with the New York pay transparency law through the New York Department of Labor.

If the DOL finds a violation, it may impose civil penalties of:

  • $1,000 for the first violation;
  • $2,000 for the second violation; or
  • $3,000 for the third or subsequent violation.

The law also prohibits employers from retaliating against individuals for exercising their rights under the New York pay transparency law.

Anticipated Amendments

In signing the new law, Governor Hochul’s approval memorandum indicated that she has “secured an agreement with the Legislature to make technical changes to the bill.” Specifically, she mentioned:

  • Clarifying what qualifies as “advertising” a job;
  • Excluding remote job opportunities performed entirely outside of New York without a connection to a New York office or supervisor; and
  • Eliminating the previous record maintenance requirement for businesses.

On January 11, 2023, Senator Jessica Ramos (the lead sponsor of the original law) introduced a bill (S1326) including amendments based on this agreement with the Governor. As initially drafted, the amendments would:

  • Explain that a job is only subject to the New York pay transparency law if it will physically be performed, at least in part, within the State, or will physically be performed outside of New York but reports to a supervisor, office, or other work site in New York;
  • Define “advertise” to mean “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity;” and
  • Eliminate the law’s specific recordkeeping requirements.

[Update: The amendments were passed by the Legislature and enacted by the Governor’s signature on March 3, 2023.]

Prepare Now

We expect to see both statutory amendments and additional guidance from the NY DOL before the New York pay transparency law takes effect. However, those may not be final until close to the September 2023 effective date. To ensure timely compliance, employers should begin planning in advance. Appropriate actions may include updating methods of determining compensation levels, auditing current compensation under applicable equal pay laws, evaluating recordkeeping protocols and procedures, and reviewing job descriptions. Likewise, employers should anticipate requests for salary reviews from current employees and consider their approach in response to such inquiries.

 

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Healthcare Worker Bonus

New York Opens Healthcare Worker Bonus Portal

New York State opened its healthcare worker bonus portal on August 3, 2022. Qualified employers must submit bonus claims for eligible employees based on specified vesting periods. For some workers, claims must be submitted by September 2, 2022. Eligible employees may be entitled to up to $3,000 under the NYS healthcare worker bonus program.

Qualified Employers

The description of employers who may be obligated to obtain bonuses for their workers under this program is somewhat complex.

As summarized by the NYS Department of Health, qualified employers include “certain providers with at least one employee, and that bill for services under the Medicaid state plan or a home or community-based services (HCBS) waiver, providers that have a provider agreement to bill for Medicaid services provided or arranged through a managed care organization or a managed long term care plan, and certain educational institutions and other funded programs.”

The DOH specifies that these include: “certain providers, facilities, pharmacies, and school-based health centers licensed under the state Public Health Law, Mental Hygiene Law, and Education Law, as well as certain programs funded by the Office of Mental Health (OMH), Office for the Aging, Office of Addiction Services and Supports (OASAS), and the Office for People with Developmental Disabilities (OPWDD).”

While this program does apply to public and private schools, the initial portal does not pertain to them. The education portion of the program is planned to open in October 2022, likely with further guidance from the NYS Department of Education.

Who Gets the Bonuses?

Individuals who worked in certain positions for qualified employers during relevant timeframes may be eligible for a bonus under the program. Eligibility extends beyond those with an employment relationship to some independent contractors. Both full- and part-time workers may be eligible.

To qualify for a healthcare worker bonus, an individual must meet all of the following criteria:

  • Were employed by a qualified employer throughout at least one vesting period.
  • Have a title included on the list of Eligible Worker Titles.
  • Not exceed an annualized base salary of $125,000.
  • Not have been suspended or excluded from the Medicaid program during the vesting period.

Eligible Worker Titles

Generally, healthcare workers may qualify for the bonus program if they work in positions that provide hands-on assistance with clinical or non-clinical health or care services. Eligible titles include nurses, counselors, therapists, and physician assistants. But other workers in healthcare settings may qualify, such as custodians, clerks, and food preparation workers.

The NYS Department of Health has established the following “full” list of eligible titles. However, there may still be ambiguity about who qualifies under some titles.

Frontline Direct Care Health and Mental Hygiene Workers

  • Assistant Program or Assistant Site Director
  • Case Manager
  • Certified First Responders
  • Certified Recovery Peer Advocate
  • Clinical Coordinator
  • Counselor – Alcoholism and Substance Abuse (CASAC)
  • Counseling Aide/Assistant – Alcoholism and Substance Abuse
  • Counselor – Rehabilitation
  • Dental Hygienists
  • Dental Assistants
  • Diagnostic Medical Sonographers
  • Dietician/Nutritionist
  • Exercise Physiologists
  • Intake/Screening
  • Licensed Mental Health Counselor (OASAS)
  • Licensed Mental Health Counselor (OCFS)
  • Medical Assistants
  • Mental Hygiene
    • Behavior Intervention Specialist 1
    • Behavior Intervention Specialist 2
    • Counselor
    • Crisis Prevention Specialist
    • Developmental Disabilities Specialist QIDP-Direct Care
    • Developmental Disabilities Specialist/Habilitation Specialist QIDP-Clinical
    • Early Recognition Specialist
    • Intensive Case Manager
    • Intensive Case Manager/Coordinator
    • Job Coach/Employment Specialist
    • Licensed Psychoanalyst
    • Licensed Mental Health Counselor
    • Manager
    • Peer Specialist
    • Residential Treatment Facility (RTF) Transition Coordinator
    • Senior Counselor
    • Supervisor
  • Mental Hygiene Worker
  • Nurses
    • Licensed Practical and Licensed Vocational Nurse
    • Licensed Practical Nurse
    • Nurse Anesthetist
    • Nurse Midwives
    • Nurse Practitioner
    • Nurse Practitioner/Nursing Supervisor
    • Nurse’s Aide/Medical Aide
    • Nursing Assistants
    • Registered Nurse
  • Orderlies
  • Orthotist
  • Other Clinical Staff/Assistants
  • Other Direct Care Staff
  • Paramedic
  • Peer Professional-Non-CRPA (OASAS Only)
  • Pharmacist
  • Pharmacy Technician
  • Phlebotomist
  • Physician Assistant
  • Program or Site Director
  • Prosthetist
  • Psychiatric Aide
  • Psychologist (Licensed)
  • Psychologist (Master’s Level)/Behavioral Specialist
  • Psychology Worker/Other Behavioral Worker
  • Residence/Site Worker
  • Social Worker-Licensed (LMSW, LCSW)
  • Social Worker-Master’s Level (MSW)
  • Speech-Language Pathologist
  • Therapists
    • Activity/Creative Arts Therapist
    • Marriage and Family Counselor/Therapist
    • Occupational Therapist
    • Occupational Therapy Assistant
    • Occupational Therapy Aide
    • Physical Therapist
    • Physical Therapy Assistant
    • Physical Therapy Aides
    • Radiation Therapist
    • Recreational Therapist
    • Respiratory Therapist
    • Speech Therapist
    • All Other Therapists
  • Technologists and Technicians
    • Advanced Emergency Medical Technician
    • Cardiovascular Technologists and Technician
    • Clinical Laboratory Technologists and Technician
    • Dietetic Technician
    • Emergency Medical Technician
    • Magnetic Resonance Imaging Technologist
    • Nuclear Medicine Technologist
    • Ophthalmic Medical Technician
    • Radiologic Technologist
    • Surgical Technologist
    • All Other Health Technologists and Technicians
  • Therapy Assistant/Activity Assistant

All Other Health Care Support Workers

  • Building Attendant
  • Building Service Aide
  • Building Service Worker
  • Clerks
    • Admitting Clerk
    • Admitting Clerk Cashier
    • Critical Care Clerk
    • Discharge Control Clerk
    • Emergency Services Clerk
    • Front Desk Clerk
    • Operating Room Clerk
    • Registration Clerk
    • Unit Clerk
    • Ward Clerk
  • Custodian
  • Dietary Aide
  • Dietary Worker
  • Dining Assistant
  • Dining Aide
  • Environmental Service Aide/Tech
  • Environmental Services Worker
  • Floor Maintenance Worker
  • Food & Nutrition Aide
  • Food Prep/Service Worker
  • Housekeeping Worker and Maid
  • Lead Intake Specialist
  • Maintenance/Physical Plant workers
  • Sanitation Worker
  • Service Worker
  • Support Services Worker
  • Unit Assistant
  • Unit Associate
  • Unit Coordinator
  • Unit Receptionist
  • Unit Secretary

Titles Determined by the Commissioner

  • Medical Fellow
  • Medical Resident

Vesting Periods

Vesting periods are six-month intervals between October 1, 2021, and March 31, 2024, as set forth below.

Vesting
Period
Vesting Period
Start Date
Vesting Period
End Date
Employer Submission
Start Date
Employer Submission
Close Date
One October 1, 2021 March 31, 2022 August 3, 2022 September 2, 2022
Two April 1, 2022 September 30, 2022 October 1, 2022 October 31, 2022
Three October 1, 2022 March 31, 2023 April 1, 2023 May 1, 2023
Four April 1, 2023 September 30, 2023 October 1, 2023 October 31, 2023
Five October 1, 2023 March 31, 2024 April 1, 2024 May 1, 2024

Qualified employers eligible workers in any vesting period must provide them with an Employee Attestation Form that must be returned before the applicable submission date.

Healthcare Worker Bonus Payments

Healthcare worker bonus payment amounts depend on hours worked during a vesting period:

  • 20-30 hours per week: $500
  • 30-35 hours per week: $1,000
  • 35+ hours per week: $1,500

Employees may receive a bonus for up to two vesting periods per qualifying employer. No employee can receive more than $3,000 under the program.

Employer Obligations

Qualifying employers must file through the Healthcare Worker Bonus Program Portal within a month after each vesting period in which they have eligible employees. (By September 2, 2022, for the initial October 1, 2021 – March 31, 2022 vesting period).

Once the employer receives the bonus money for the vesting period, it must pay the bonuses out to workers within 30 days.

Employers who do not identify, claim, and pay bonuses for at least 90% of bonus-eligible workers may be penalized up to $1,000 per violation. The Office of the Medicaid Inspector General will audit payments.

 

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