New York City Finalizes Rule on ESSTA Amendments

New York City Department of Consumer and Worker Protection (DCWP) issued a final rule implementing recent changes to its Earned Safe and Sick Time Act, effective July 23, 2026. 

The final rule largely adopts the regulatory framework of the proposed rule without material changes to the core provisions in the DCWP’s draft rule. Enforcement, penalty structure, accrual requirements, and the leave entitlement framework remain unchanged and consistent with the DCWP’s written guidance. 

The final rule, however, also introduces a limited set of targeted revisions concentrated in two areas: (1) post-employment access to safe and sick leave information, and (2) administration of the 32-hour immediately available unpaid leave requirement, including addressing wage-and-hour law considerations when applying this entitlement and the treatment of unpaid safe and sick leave upon rehire. It also addresses the DCWP’s position on how employers may use paid safe and sick leave to satisfy unpaid safe and sick leave requirements, and how unpaid safe and sick leave should be applied to employees exempt from overtime requirements.

Littler:
New York City Releases Final Rule Interpreting Amendments to the NYC Earned Safe and Sick Time Act