On December 16, 2022, New York Governor Kathy Hochul signed an amendment to New York Labor Law Section 201, mandating that employers make notices required to be physically posted at a worksite under federal and state law or regulation available electronically as well through the employer's website or by e-mail. The amendment took effect immediately.
Previously, NY Labor Law Section 201 required employers to physically post notices "in a conspicuous place" on each floor of its premises. Employers must now also either: (i) e-mail employees an electronic copy of the notices; or (ii) post an electronic copy of the notices on the employer's website. Additionally, employers must inform employees that the notices are available electronically (a requirement that appears to apply even if the employer e-mails the notices to their workforce).
Amended Section 201 aligns with guidance issued by the United States Department of Labor in December 2020 stating it is an employer's obligation to provide required notices to all affected individuals, that electronic notice can be used to meet notice obligations in some circumstances, and that electronic notice does not replace posting requirements. Notices that employers must typically post at the worksite that now should also be made available electronically under Amended Section 201, include U.S. and New York State wage/hour, leaves/benefits, workplace safety, and non-discrimination notices, among others. Note that the Amended Section 201 is...
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