New York: Legislative Update
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Quick Look
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Discussion
The New York legislature implemented new employee protections at the start of the summer. Below are the most notable developments.
Increase in Jury Duty Fee
As of June 8, 2025, employers with 11 or more employees must pay employees $72 per day for the first three days of jury duty that cause an absence from work. This is an increase from the previous requirement of $40 per day. If an employee’s daily wages are less than $72, then the employee is entitled to receive an allowance equal to the difference between $72 and the amount of their daily wages. The amendment was a part of the 2025-2026 budget bill.
AI Safety Law
Both houses of the New York State Legislature have passed AB 6453, the Responsible AI Safety and Education Act (RAISE Act). The RAISE Act’s purpose is to regulate developers of very large-scale AI systems that are capable of autonomous actions, advanced biological research, or self-replication without human oversight. The law would apply to AI models with $100 million or more in compute cost and are developed, deployed, or operated in New York. Compute cost is the cost incurred to pay for compute used in the final training run of a model when calculated using the average published market prices of cloud compute in the United States at the start of training such model as reasonably assessed by the person doing the training.
The legislature’s concern is that these frontier models can cause critical harm through the death or serious injury of one hundred or more people or at least $1 billion dollars of damage to rights in money or property. Developers of these so-called frontier models of AI would be required to do the following prior to deployment:
- Implement a written safety and security protocol;
- Retain an unredacted copy of the safety and security protocol, including records and dates of updates or revisions, and retain them for the life of the frontier model plus five years;
- Conspicuously publish the protocol to the attorney general and division of homeland security and emergency services;
- Grant the attorney general and division of homeland security and emergency services access to the safety and security protocol;
- Record and retain information on tests and test results of any assessment of the frontier model; and
- Implement appropriate safeguards to prevent unreasonable risk of critical harm.
Violations of the law can result in a civil action and penalties ranging from $10 million to $30 million, and injunctive or declaratory relief. The bill has not yet been delivered to Governor Hochul, but it does have bipartisan support.
Increased Labor Protections
Both houses of the New York State Legislature also passed S8034A which ensures employees receive National Labor Relations Act (NLRA) protections even if the National Labor Relations Board (NLRB) does not assert jurisdiction over a dispute. Without this amendment, the New York State Employment Relations Act would only have jurisdiction over private sector employers not covered by the NLRA. Currently, the NLRB does not have a quorum and is unable to issue appeals decisions, revoke or issue new regulations, or enforce or challenge subpoenas in court. Although the bill has passed, it has not yet been delivered to Governor Hochul for her signature.
Fashion Workers Act FAQs
The New York State Fashion Workers Act went into effect on June 19, 2025. The New York State Department of Labor published FAQs and additional guidance to help employers comply. The law regulates model management companies and their clients, including retail stores, fashion designers, advertising agencies, photographers, and publishing companies. Some of the more pressing employer questions are summarized below.
Consequences for Failing to Register. Model management companies or model management groups who do business in New York State, without registering with or receiving an approved exemption from the New York State Department of Labor, would be in violation of the Fashion Workers Act. The New York State Department of Labor may order the company or group to pay a civil penalty of $3,000 for a first violation and $5,000 for a second or subsequent violation for failing to register.
Social Media. A social media agency or influencer marketing agency must consider whether their work falls within the definition of a model management company under the Fashion Workers Act. For example, if a social media agency represents a brand and hires or connects the brand with a model or influencer to promote that brand’s product on social media, the agency would be considered a model management company under the Fashion Workers Act. A social media influencer or content creator must consider whether their work falls within the definition of a model or modeling services, which are defined broadly.
Private Right of Action. A model can sue a model management company or model management group for:
- Not fulfilling the duties of model management companies or model management groups established by the Fashion Workers Act.
- Not abiding by the prohibitions for model management companies or model management groups established by the Fashion Workers Act.
Affected employers who have not yet complied should consult with legal counsel for registration and contract requirements.
Action Items
- Update jury duty policy.
- Continue monitoring legislative updates.
- Consult with legal counsel regarding registration and contractual obligations for compliance with Fashion Workers Act, if applicable.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase