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New York Requires Employers to Provide Electronic Versions of Mandatory Workplace Postings

On December 16, 2022, Governor Hochul signed a bill which amends Section 201 of the New York Labor Law (NYLL) and requires employers to make mandatory workplace postings available to applicants and employees electronically. The bill became effective immediately upon the governor’s signature.

Labor Law Section 201 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 requires 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 the law is effective immediately, 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 or via their poster vendor. Employers must then upload them to their company website and intranet or email them to applicants and employees as soon as possible. Employers must also provide employees with a notice that the documents are available electronically and it is recommended that this notice explain how/where to locate the electronic notice. When considering federal and state notice requirements for applicants, it is recommended that employers post the notices to the “Careers” sections of their website, if one exists. In the absence of a company website, employers should consider emailing the applicable notices to applicants at the outset of their recruitment process.

As a reminder, under federal guidance, printed notices should also be made available in an accessible format, as needed, to persons with disabilities that limit the ability to see or read. Notices can be recorded on an audio file, provided in an electronic format that can be utilized by screen-reading technology, or read to applicants or employees with disabilities that limit seeing or reading ability.

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.

It is unclear at this time if additional compliance assistance/guidance will be provided by the state, as such, employers with specific situations (particularly, those who believe they may not be able to carry out these requirements) should consult with their legal counsel for additional guidance.

HR Works will continue to monitor any developments on this law and provide updated information as it becomes available.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. 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.