On Dec. 16, 2022, Gov. Kathy Hochul signed into law an amendment to Section 201 of the New York Labor Law, which mandates that employers electronically post certain workplace notices.
Under the previous version of Section 201, employers were required to post copies or abstracts of laws and orders deemed necessary by the commissioner in “conspicuous” locations in the worksites. Now, employers must have digital versions of these documents made available through the employer’s website or by email. Additionally, employers must provide notice to their employees that such documents required for physical posting are also available electronically. These requirements apply to all postings mandated by federal and state law, including but are not limited to discrimination, unemployment, wage and hour, and health and safety notices.
The new amendments took effect immediately on the governor’s signature on Dec. 16, 2022. Employers should act immediately to ensure that they have all required physical postings in the workplace (keeping in mind that there can be differentiations in requirements for employer size and industry type), and that all postings are available electronically. Any employer found to be in violation of the amended law subjects themselves to the penalties following penalties: a fine of $100 for the first offense, a fine between $100 and $500 for the second offense, and fines of not less than $300 for all subsequent offenses.
Please contact Theresa Rusnak, or any attorney in Bond’s labor and employment practice if you have questions about the newly amended Section 201, or if you would like any additional information regarding other employment law updates.
*Special thanks to Bond Law Clerk Connor Johnson for assisting with researching and drafting this memo