Hotels, motels, restaurants and seasonal businesses in Hunter must comply with NY Secure Choice if they meet the 10+ employees threshold — or offer a qualifying plan. New York has not published a non-compliance penalty; the statute contains none.
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Informational only, not legal or tax advice.
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NY Secure Choice covers New York employers with 10+ employees that do not offer a qualifying retirement plan. Counting rule: At least 10 New York employees at all times during the previous calendar year (GBL §1300). Applies to employers in business for 2+ years.
New York has not published a non-compliance penalty; the statute contains none. Registration or exemption certification is still required.
Already passed: 30+ employees (2026-03-18); 15–29 employees (2026-05-15); 10–14 employees (2026-07-15) — unregistered employers should register or certify an exemption now.
N.Y. Gen. Bus. Law §§1300–1316 · Official program: securechoice.ny.gov · Verified 2026-09-17.
Yes, if the business meets the threshold. NY Secure Choice applies to New York employers with 10+ employees that do not offer a qualifying plan. Hotels, motels, B&Bs and restaurants in Hunter follow the same rules as any other employer — seasonal operation does not exempt you.
Not automatically. Coverage depends on how New York counts employees: At least 10 New York employees at all times during the previous calendar year (GBL §1300). Applies to employers in business for 2+ years. Seasonal employers can also satisfy the mandate with a SIMPLE IRA or 401(k), which may exclude employees who work fewer than 1,000 hours a year.
Yes. Exempt with a plan under 401(a)/401(k), 403(a)/403(b), SEP (408(k)), SIMPLE (408(p)) or 457(b); certify the exemption on the program site. A private plan also gives you a real recruiting benefit for seasonal and year-round staff.
Yes. SECURE 2.0 Act tax credits are available to small businesses with fewer than 100 employees that start a new qualifying retirement plan (the full startup credit applies at 50 or fewer employees; it phases down from 51–100). Credits of up to $5,000/year for 3 years, plus up to $1,000 per employee in employer-contribution credits (phasing down over five years), are available regardless of whether your business is seasonal.
Already passed: 30+ employees (2026-03-18); 15–29 employees (2026-05-15); 10–14 employees (2026-07-15) — unregistered employers should register or certify an exemption now. Penalty: New York has not published a non-compliance penalty; the statute contains none. Registration or exemption certification is still required. Contact Kandelaki Solutions for a free compliance audit.
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