Effective immediately, all employers in New York State must provide their employees with Employee Rights notices electronically, in addition to posting them physically in the workplace.
In the wake of the COVID-19 pandemic and sharp increase in remote and hybrid work, a new amendment to the New York Labor Law Section 201 requires employers of all sizes and industries to post these notices electronically, either on the employer’s website or via email.
Employers must also notify employees separately that these notices are available electronically.
Additionally, any other documents required to be physically posted at a worksite by state or federal law must similarly be made available electronically. While not specified, this ostensibly includes EEOC, DOL, and OSHA notices.
The new law fails to address employers and businesses that don't have a website or email addresses for all their employees (e.g., contractors, farmers, deli owners, dry cleaners, etc.). Such employers may now be legally required to create a website and/or collect all employee emails for this purpose.
The law continues to require employers to post “copies or abstracts” of all employee rights notices “in a conspicuous place on each floor.” These are usually found in break rooms and kitchenettes, on bulletin boards, etc. Businesses often hang pre-printed posters that compile the notices.
Failure to comply with the new law could result in monetary fines. More importantly, it could serve as evidence of general noncompliance in case of other allegations of workplace violations. We urge employers to post these electronic notices and notify employees as soon as possible.
For other recent labor & employment law changes, read our previous post.
For any questions or assistance, contact us.