Commuter Benefits Law

On October 20, 2014, Mayor de Blasio signed Intro 295-A into law, expanding the right to pre-tax transit benefits to more New Yorkers.

NYC’s Commuter Benefits Law took effect on January 1, 2016. DCA enforces the law and coordinates the City’s public education and outreach campaign to help employers and employees know their responsibilities and rights.

NYC’s Commuter Benefits Law Helps Employers and Employees to Save:

  • Benefits for Employers: Employers can save by reducing their payroll taxes. The more employees who sign up for transportation benefits, the more the employer can save. Employers can also attract and retain employees by offering transportation benefits.

  • Benefits for Employees: Employees can lower their monthly expenses by using pre-tax income to pay for their commute.

Quick Links for Employers and Employees:

Key Dates in the Rollout of the Law:

  • January 1, 2016: NYC’s Commuter Benefits Law takes effect.
    Beginning January 1, for-profit and nonprofit employers with 20 or more full-time non-union employees in New York City must offer their full-time employees the opportunity to use pre-tax income to pay for their commute. Under federal tax law and effective January 1, 2020, employees can currently use up to $270 a month of their pre-tax income to pay for qualified transportation.

  • July 1, 2016: DCA authorized to issue violations to businesses that do not comply with the law.
    The law gave employers a six-month grace period—from January 1, 2016 to July 1, 2016—to begin offering a commuter benefits program. Employers were not subject to penalties for violations that took place before July 1, 2016. The law continues to provide employers 90 days to cure (correct) a violation before DCA is authorized to seek penalties.

Statutory Metrics

January 1, 2016 through October 15, 2018 (in PDF)

Updated 12/11/2019