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New York law now requires electronic versions of all mandatory workplace postings

March 2023 employment law letter
Authors: 
Charles H. Kaplan and Kinsey A. O’Brien, Hodgson Russ LLP

New York Governor Kathy Hochul recently signed legislation amending Section 201 of the New York Labor Law (NYLL). Employers must now make all mandatory New York workplace postings available to employees electronically, including a poster containing information on veterans’ benefits and services. The law, which seems to have been inspired by the continued prevalence of remote work throughout New York State, took effect immediately upon signing on December 16, 2022.

Changes in the new law

Before the amendment, Section 201 required New York employers to post hard copies of New York State Department of Labor (NYSDOL) notices and posters in conspicuous places at the worksite. The amendment added language requiring all such postings—as well as any other “document[s] required to be physically posted at a worksite pursuant to state or federal law or regulation”—also be provided to employees electronically.

Specifically, you are required to provide the postings “through the employer’s website or by email.” You are also required to provide notice to employees “that documents required for physical posting are also available electronically.”

What you should do now

In view of this new legislation, employers in New York State—and employers located outside of New York that have remote employees who work in New York—should take the following steps:

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