New State Law Changes Workplace Posting Requirements

Labor Law Section 201 mandates that employers post certain legal notices provided by the New York Commissioner of Labor in a conspicuous place on each floor of their premises. A new amendment to that law, signed last month, requires that in addition to posting physical notices, digital versions of applicable federal and state notices must also be made available through the employer’s website or by email. The electronic posting requirement will apply to all documents required to be posted at a worksite under state and federal law or regulation including but not limited to:

  • Retaliatory action by employers; prohibition- NYS Labor Law Section 740
  • Criminal Convictions Records – Article 23-A
  • Discrimination
  • Minimum Wage
  • Safety & Health
  • Unemployment Insurance
  • Workers’ Compensation and Disability Benefits
  • Smoking
  • Fringe Benefits and Hours, if not included in employee handbook
  • Expression of Breastmilk
  • Equal Pay
  • Posting of Hours for Minors
  • FLSA Minimum Wage poster
  • The Family and Medical Leave Act
  • “Job Safety and Health: It’s the Law” Poster (OSHA)
  • “Your Rights Under USERRA” Notice/Poster

Given that the law is effective immediately, employers should ensure all mandatory workplace postings have been posted in the physical workplace, in accordance with federal and state laws. Employers will also need to make digital copies of these notices or download them as made available from the applicable federal and state agency websites or via their poster vendor. Employers must then upload them to their company website and intranet or email them to applicants and employees as soon as possible. Employers must also provide employees with a notice that the documents are available electronically and it is recommended that this notice explain how/where to locate the electronic notice.