On December 16, 2022, Governor Kathy Hochul signed into law an amendment to Section 201 of the New York Labor Law that requires New York employers must now furnish all employees with digital copies of all required posters via email or by posting them on the employer’s website. The law is effective immediately.
Specifically, the new law provides that employers must:
- Furnish digital versions of all copies and abstracts required under New York law or the NYDOL’s regulations to all employees through either the employer’s website or by email;
- Furnish digital versions of all other documents required to be physically posted in the workplace pursuant to any state or federal law or regulation to all employees through either the employer’s website or by email; and
- Provide notice to employees that all physically posted notices are available electronically.
Failure to comply with the new requirements can result in monetary fines. Additionally, non-compliance may be used as evidence to support other alleged workplace violations by an employer. Notably, the new requirements do not replace an employer’s obligations under New York or federal law to physically display postings in a conspicuous place in the workplace.
What Employers Should Do Now:
Employers should act quickly to comply with the new requirements. Preliminarily, it is advised to ensure that the current versions of all state and federally mandated workplace postings are posted in the physical workplace and then promptly obtain digital copies of all postings. Employers can make digital copies of the notices, download them from the applicable federal and state agency websites, or obtain them via a poster vendor.
The electronic copies must be made available through the employer’s website or email and notice must be provided to all employees and applicants that these documents are available electronically and how to obtain them.
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