New York employers must register for New York Secure Choice, or certify their exemption if they already offer a qualified retirement plan, by deadlines ranging March 18, 2026–July 15, 2026, depending on the number of employees.
30 OR MORE EMPLOYEES
Employers with 30 or more employees must comply (register or certify their exemption) by March 18, 2026. (passed)
15–29 EMPLOYEES
Employers with 15-29 employees must comply by May 15, 2026.
10–14 EMPLOYEES
Employers with 15-29 employees must comply by July 15, 2026.
ABOUT NEW YORK SECURE CHOICE
Secure Choice is a state-facilitated Roth IRA program that requires covered employers to facilitate automatic payroll deductions for employees, with automatic enrollment at 3% of gross pay unless employees opt out. The program is at no cost to employers, but it does create new administrative obligations.
WHO MUST COMPLY
Private employers who:
- have been in business for at least two years
- had at least 10 employees in the previous calendar year
- do not offer a qualified retirement plan
must either register or certify exemption.
TWO COMPLIANCE OPTIONS
- Register for Secure Choice: If you don’t currently offer a 401(k), 403(b), SEP, SIMPLE, or similar plan, you must register through the state portal and facilitate payroll deductions.
- Certify Your Exemption: If you already offer a qualified retirement plan, you must log into the portal and certify your exemption. Don’t skip this step—the state requires this documentation.
DO NOW
Confirm your employee count and identify your deadline to register or certify for NYS Secure Choice.
OTHER APPROACHING DEADLINES
Effective April 18, 2026, New York State will prohibit most employers from requesting or using credit history (credit reports, scores, or credit accounts) for hiring, compensation, or promotion decisions.
The law covers both applicants and current employees, aiming to restrict employment-related credit checks across the state.
NYC employers: Beginning February 22, 2026, New York City’s Earned Safe and Sick Time Law (ESSTA) will expand to permit new reasons for use and require new additional unpaid leave. Ensure these changes are fully implemented by that date.
For any questions or assistance, contact us.
