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New York Employers Will Be Required to Provide Electronic Versions of Mandatory Workplace Postings

On April 26, 2022, the New York State legislature just passed a bill which amends Section 201 of the New York Labor Law (NYLL) and will require employers to make mandatory workplace postings available to employees electronically. The bill will become effective immediately upon the governor’s signature. At the time of this post, it has not yet been delivered to Governor Hochul, but it is expected that once received, she will sign it, so employers should make preparations for compliance.

Labor Law Section 201 currently mandates that employers post certain legal notices provided by the NY Commissioner of Labor in a conspicuous place on each floor of their premises. The amendment will require that in addition to posting physical notices, digital versions of applicable federal and state notices must also be made available through the employer’s website or by email. The electronic posting requirement will apply to all documents required to be posted at a worksite under state and federal law or regulation including but not limited to:

  • Retaliatory action by employers; prohibition- New York State Labor Law Section 740
  • Criminal Convictions Records – Article 23-A
  • Discrimination
  • Minimum Wage
  • Safety & Health
  • Unemployment Insurance
  • Workers’ Compensation and Disability Benefits
  • Smoking
  • Fringe Benefits and Hours, if not included in employee handbook
  • Expression of Breastmilk
  • Equal Pay
  • Posting of Hours for Minors
  • FLSA Minimum Wage poster
  • The Family and Medical Leave Act
  • “Job Safety and Health: It’s the Law” Poster (Occupational Safety and Health Act/OSHA)
  • “Your Rights Under USERRA” Notice/Poster

Next Steps for Employers

Given that this law is anticipated to be signed by the governor and will take effect immediately upon signing, employers should ensure all mandatory workplace postings have been posted in the physical workplace in accordance with federal and state laws. Employers will also need to make digital copies of these notices or download them as made available from the applicable federal and state agency websites, and then upload them to their company website or intranet. In the absence of a company website or intranet, employers should email the applicable notices to employees. Employers must also provide employees with notice that the documents are available electronically.

Employers may find information on state specific posting requirements on the NY Department of Labor website; information on federal posting requirements is available on the US Department of Labor website. Employers may also work with their poster vendor to obtain electronic versions of the federal and state notices. As a reminder, an employer’s Unemployment Insurance Law, Workers’ Compensation Law, Disability Insurance and NY Paid Family Leave Insurance postings must be obtained from the NY DOL and/or insurance carrier. Employers should also be mindful of any industry specific postings that may be required under federal or state law.

HR Works, Inc., headquartered at 200 WillowBrook Office Park in Fairport (Rochester), New York, with an office in East Syracuse, is a human resource management outsourcing and consulting firm serving clients throughout the United States. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.