NY Employers Will Soon Be Required to Provide Electronic Versions of Mandatory Workplace Postings

Acknowledging that more and more employees are working from home and away from their physical worksites, the New York State legislature just passed a bill on April 26 requiring employers make mandatory workplace postings electronically available for their employees. The bill has not yet been sent to Governor 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 you post certain legal notices provided by the Commissioner of Labor in a conspicuous place on each floor of your workplace. The bill passed by the legislature will require you to:

• Make digital versions of these mandatory documents available through your website or by email; and
• 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, you should take steps now to comply.

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

We will continue to monitor developments impacting New York employers, so make sure you are subscribed to Fisher Phillips’ Alert System to get the most up-to-date information. If you have questions whether your policies comply with workplace and other applicable laws, contact your Fisher Phillips attorney, the authors of this Insight, or any attorney in our New York City office.