In our recent article, Understanding Lien Law § 3 — and Why 2025–2026 May Be a Turning Point, we explored proposed amendments to New York’s mechanic’s lien statutes that could reshape notice requirements, filing deadlines, and enforcement mechanics for construction projects statewide.
But another proposal now pending in Albany may be even more consequential for developers, property owners, and lenders: legislation that would create a statutory employee wage lien, allowing unpaid wage claims to attach directly to real property.
If enacted, this proposal would expand New York’s lien framework beyond construction labor and materials — potentially exposing development projects to an entirely new category of lien risk.
What Is an Employee Wage Lien?
Under current New York law, unpaid wages are enforced through civil litigation or administrative proceedings, but they do not automatically create a lien on real property. Employees may obtain judgments, but those judgments do not function like mechanic’s liens during construction or development.
That would change under New York Assembly Bill A.166 (2025–2026).
The bill, which is currently pending before the Assembly Judiciary Committee, would create a statutory “employee’s lien” allowing unpaid wages to be secured by a lien on:
- An employer’s real property interest, and
- Certain categories of personal property associated with the business.
The proposal has a companion bill in the Senate, S.2131, which remains at a similar committee stage.
Why Developers Should Pay Attention Now
For developers, wage compliance has traditionally been viewed as an operational or employment-law issue. This bill reframes it as a title, financing, and closing risk.
If enacted, employee wage liens would be integrated into Article 2 of New York’s Lien Law — the same statutory framework governing mechanic’s liens. That alignment matters.
1. Wage Claims Could Cloud Title
Just like mechanic’s liens, employee wage liens could:
- Appear in title searches
- Delay closings or refinancings
- Require bonding or judicial discharge to clear title
For multi-phase developments or properties with operating entities, this introduces a new diligence layer that cannot be ignored.
2. Priority and Timing Rules Will Matter
Because the proposed lien would live within Article 2, familiar lien principles would likely apply, including:
- Strict filing deadlines
- Lien duration limits
- Priority disputes involving mortgages, mechanic’s liens, and judgments
Developers already accustomed to managing construction lien exposure would need to account for parallel wage-based lien risk — potentially arising outside the traditional construction payment chain.
3. Payroll Compliance Becomes a Property Risk Issue
The bill would cover unpaid wages and related damages under:
- The New York Labor Law, and
- The federal Fair Labor Standards Act (FLSA).
This means that wage disputes — including overtime, misclassification, and minimum wage claims — could translate directly into property encumbrances.
For development entities with in-house staff, affiliated operating companies, or multiple payroll streams, the risk profile expands significantly.
How Employee Wage Liens Differ from Mechanic’s Liens
Feature | Mechanic’s Liens | Proposed Employee Wage Liens |
Legal Basis | Lien Law Article 2 | Proposed via A.166 |
Trigger | Labor or materials improving property | Unpaid wages |
Typical Claimants | Contractors, subs, suppliers | Employees or labor representatives |
Property Impact | Encumbers real property | Encumbers real and some personal property |
Enforcement | Foreclosure action | Likely lien foreclosure |
The key distinction is who controls the trigger. Mechanic’s liens arise from work on the property. Wage liens arise from employment relationships, even if the work is not directly tied to a specific improvement.
A Broader Shift in New York Lien Law
Between proposed amendments to mechanic’s lien procedures and the potential introduction of employee wage liens, the 2025–2026 legislative session signals a broader evolution in New York’s lien landscape.
For developers, these changes reinforce a familiar lesson: risk management does not stop at construction costs. Labor compliance, payroll controls, and statutory lien awareness are increasingly intertwined with property ownership and development strategy.
We will continue to monitor A.166 and provide updates as the bill progresses.
Related Reading
📌 Understanding Lien Law § 3 — and Why 2025–2026 May Be a Turning Point
An overview of proposed amendments to New York’s mechanic’s lien statutes and why this legislative session may redefine lien enforcement for developers and contractors.