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January 18, 2023

Stroock Client Alert

By: Howard S. Lavin, Elizabeth E. DiMichele, Patrick J. Morley

Last month, Governor Kathy Hochul signed into law an amendment to New York Labor Law Section 201 (the “Amendment”) requiring employers to electronically post worker rights notices on the employer’s website or email.

Labor Law 201 Amendment

Labor Law Section 201 long has required employers to physically post notices and posters required under New York State Department of Labor’s regulations or pursuant to any state or federal law or regulation. Going forward, the Amendment requires employers to physically post these notices both in the workplace itself and digitally. More specifically, 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.

Next Steps

First, employers should ensure that they have all required notices and posters physically displayed on their premises in a conspicuous place and then obtain digital copies of all such documents. 

For employers with a website and/or company email system, compliance is relatively straightforward. These employers should post these digital posters and notices on their websites, such as by adding these documents to the employer’s intranet site. Alternatively, the employer may send a yearly email with all necessary digital postings to all employees at the employer-provided email address. Companies relying on email to comply also should send the digital postings by email to all new hires as part of their onboarding process. 

Of course, some employers do not maintain a website and/or company-wide email system. Unfortunately, the Amendment does not address how these employers should comply. Perhaps the New York State Department of Labor will issue guidance offering best practices for implementation. Until further guidance is available, employers in this situation should collect personal email addresses from their employees and share the digital postings by email. Employers should be sure to maintain a record of providing the digital postings.

Finally, all employers should furnish employees with written notice that the postings are available electronically. This can be accomplished by inclusion of the notice in the Employee Handbook, email or intranet.

January 18, 2023

Stroock Client Alert

By: Howard S. Lavin, Elizabeth E. DiMichele, Patrick J. Morley

Last month, Governor Kathy Hochul signed into law an amendment to New York Labor Law Section 201 (the “Amendment”) requiring employers to electronically post worker rights notices on the employer’s website or email.

Labor Law 201 Amendment

Labor Law Section 201 long has required employers to physically post notices and posters required under New York State Department of Labor’s regulations or pursuant to any state or federal law or regulation. Going forward, the Amendment requires employers to physically post these notices both in the workplace itself and digitally. More specifically, 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.

Next Steps

First, employers should ensure that they have all required notices and posters physically displayed on their premises in a conspicuous place and then obtain digital copies of all such documents. 

For employers with a website and/or company email system, compliance is relatively straightforward. These employers should post these digital posters and notices on their websites, such as by adding these documents to the employer’s intranet site. Alternatively, the employer may send a yearly email with all necessary digital postings to all employees at the employer-provided email address. Companies relying on email to comply also should send the digital postings by email to all new hires as part of their onboarding process. 

Of course, some employers do not maintain a website and/or company-wide email system. Unfortunately, the Amendment does not address how these employers should comply. Perhaps the New York State Department of Labor will issue guidance offering best practices for implementation. Until further guidance is available, employers in this situation should collect personal email addresses from their employees and share the digital postings by email. Employers should be sure to maintain a record of providing the digital postings.

Finally, all employers should furnish employees with written notice that the postings are available electronically. This can be accomplished by inclusion of the notice in the Employee Handbook, email or intranet.

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