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New York Enacts Trapped at Work Act, Voiding 'Stay‑or‑Pay' Training Repayment Notes

Ambiguities flagged by the governor are headed for clarification in the next session.

Overview

  • The law took effect on December 19, 2025, immediately rendering covered employment promissory notes unconscionable, void, and unenforceable.
  • Coverage extends to a broad set of workers—employees, independent contractors, interns, externs, apprentices, volunteers, and sole‑proprietor service providers—while excluding vendors of goods.
  • Statutory exceptions permit repayment obligations for non‑training advances, payments for employer‑provided property, sabbatical terms for educational personnel, and programs set in collective bargaining.
  • Enforcement runs through the New York State Department of Labor with civil penalties of $1,000 to $5,000 per violation, and workers sued on banned notes can recover attorneys’ fees if they prevail.
  • With no grandfathering, employers are pausing collections and auditing documents as questions persist over retroactivity and the training‑versus‑education line, and a report describes an agreement to pursue clarifications on tuition assistance.