HR and future of work · Industry brief

On June 23, 2026, the New York City Department of Consumer and Worker Protection finalized amended rules implementing the Earned Safe and Sick Time Act (ESSTA), effective July 23, 2026. Local Law 145 of 2025 expanded protected time off reasons to include domestic violence, stalking, human trafficking, workplace violence, and disaster response; requires employers to provide an additional 32 hours of immediately available unpaid protected time off upon hire and at calendar year start; and codifies paid prenatal leave obligations. The final rules replace "safe/sick time" terminology with "protected time off" and establish that employers must provide paid protected time off before unpaid hours unless employees request otherwise. Key compliance changes include new post-employment disclosure requirements mandating employers provide former employees written statements within one week of final payday detailing accrued, used, and available protected time off (paid and unpaid separately) and prenatal leave balances. Employers must reinstate unused unpaid protected time off for employees rehired within the same calendar year. Recordkeeping obligations now require differentiation between paid and unpaid protected time off on pay statements. Violations carry civil penalties of $500 per affected employee per calendar year, with relief including application of accrued hours and unpaid leave credits.

Recent U.S. immigration policy changes are creating significant compliance obligations for HR professionals. The Department of Homeland Security terminated Temporary Protected Status for nationals of Venezuela, Haiti, El Salvador, Honduras, Nicaragua, Nepal, Sudan, and other countries, with an estimated 300,000 workers losing work authorization effective July 27, 2026. The Trump administration announced changes to J-1 and F-1 visa programs capping student stays at four years, affecting Optional Practical Trainee pipelines. Immigration and Customs Enforcement has expanded I-9 audits and worksite investigations, with employers facing fines of $288 to $2,861 per form for technical errors. U.S. Citizenship and Immigration Services has increased scrutiny of visa petitions with higher volumes of Requests for Evidence. HR teams must conduct internal I-9 audits to identify errors before government inspection, verify affected employees have obtained alternative work authorization or terminate employment, ensure consistent I-9 policy application to avoid discrimination claims, and prepare more robust documentation for H-1B sponsorships. These developments are subject to ongoing litigation that could alter implementation timelines. Source: Foley & Lardner LLP insights publication.