Partner James Valentino recently outlined the full scope of New York’s “Trapped at Work Act” in a Law360 article.

Originally signed in December 2025 and amended in February, the Act targets contract provisions that require an employee to pay an employer a sum of money upon termination of employment. It will take effect in December 2026. 

Valentino’s article focuses on the lack of a private right of action in the Act. Instead, employees who believe a violation has occurred must file a complaint with the New York State Department of Labor, which investigates and determines whether a violation occurred. 

Valentino explores the implications of that arrangement for legal counsel on both sides of these disputes. By shifting the arena for these claims from the courthouse to the Department of Labor, employer-side practitioners need to weigh the risks of regulatory exposure, while employee-side counsel should provide comprehensive complaints to start an investigation. 

Read the full article here.