N.Y. Employers Soon Must Provide Electronic Versions of Mandatory Workplace Postings

​Acknowledging that more employees are working from home and away from their physical worksites, the New York State legislature passed a bill on April 26 requiring employers to make mandatory workplace postings electronically available for their employees. The bill has not yet been sent to Gov. Kathy Hochul's desk for her signature—or an unlikely veto—but will become effective immediately once signed. Here is what New York employers need to know about this bill to ensure compliance.  

What Will the New Law Require?

The COVID-19 pandemic and resultant greater acceptance of remote work has continued to change the landscape of the workplace and it seems no stone will be left unturned. The latest result of this trend will impact your workplace postings and notifications.  

Labor Law Section 201 currently mandates that New York employers post certain legal notices provided by the commissioner of labor in a conspicuous place on each floor of the workplace. The bill passed by the legislature will require New York employers to:

• Make digital versions of these mandatory documents available through their website or by e-mail.
• Provide notice to employees that these documents are available electronically.

The electronic posting requirement will apply to all documents required to be posted at a worksite under state and federal law or regulation, not just under the labor law.

Next Steps for New York Employers

Given that this law will take effect immediately upon signing by the governor, covered employers should take steps now to comply.

• First, covered employers should make sure all mandatory workplace postings have been posted in the physical workplace in accordance with all applicable laws.
• Next, employers should compile or make digital copies of these postings and upload them to their company intranet. If the company does not have an internal website, it should draft an e-mail with the postings attached for dissemination to employees once the bill becomes law.
• Regardless of the method used to share these digital copies (intranet or e-mail), the employer must also provide employees with notice that the documents are available electronically. Accordingly, New York employers should begin preparations to update any employee handbooks or similar resources.

Amanda M. Blair and Melissa (Osipoff) Camire are attorneys with Fisher Phillips in New York City. © 2022 Fisher Phillips. All rights reserved. Reposted with permission. 

Related Resource:

Electronic Labor Law Poster Service