In addition to the increasing number of posters employers are required to physically display, effective December 16, 2022, 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.
Section 201 of New York’s Labor Law requires employers to furnish employees with “copies or abstracts” of laws, rules, and orders, that are designated by the New York State Department of Labor (NYDOL) as affecting employees.
Traditionally, this obligation was satisfied by an employer posting the copies and abstracts “in a conspicuous place on each floor of the premises.” Indeed, the NYDOL’s guidance has previously indicated that furnishing required notices electronically only may not be sufficient for employers to satisfy their obligations under Section 201. The physical requirement piece of Section 201 has now been confirmed with the latest amendment.
On December 16, 2022, Governor Kathy Hochul signed into law an amendment to Section 201 that expanded the posting requirements. Employers must now:
- 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.
The amendment language indicates that these new requirements do not substitute an employer’s obligations under New York or federal law to physically display postings in a conspicuous place in the workplace. Instead, the electronic furnishing of postings is an additional requirement for employers to satisfy.
Failure to comply with these new requirements can result in monetary fines. Additionally, non-compliance may be used as evidence to support other alleged workplace violations by an employer.
Next Steps
Employers should act promptly to comply with the amended Section 201, which took effect immediately on December 16, 2022.
First, all employers should ensure that they have all required posters physically displayed on their premises in a conspicuous place. Next, employers should obtain digital copies of all such postings.
For employers with a website or company-provided email addresses for all employees, compliance with the amended Section 201 is relatively straight-forward. Such employers should take appropriate steps to provide the digital postings to its employees through its electronic systems. While the law does not specify what websites qualify, an employer’s use of a private intranet site that all employees can access may be sufficient.
For employers without a website (or intranet site) or email system, the steps required for compliance are unclear and more challenging. The law does not specify how these employers should provide notice to employees or whether these employers are required to create a website or company-authorized email accounts to comply. Until further guidance is available, employers in this situation should collect a personal email address from each employee and share the digital postings by email. Employers should be sure to maintain records of their provision of the digital postings to each employee.
Finally, all employers should furnish employees with written notice that the postings are available electronically. This could be provided in a variety of ways, such as including the notice in the employee handbook or including the notice with the other physically displayed posters.
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