On December 16, 2022, New York State Governor Kathy Hochul signed into law an amendment to New York State Labor Law (NYSLL) § 201. The amendment requires employers to make available to employees digital versions of all notices required to be physically posted at a worksite pursuant to state or federal law or regulation. The digital versions may be made available through the employer’s website or by email. The new law also requires employers to notify employees that documents required to be physically posted are available electronically. The new law took effect immediately upon the governor signing it.
Typical notices that must be physically posted in the workplace, and thus now made available electronically under the new law, include, among others, wage and hour, workers’ compensation and unemployment, leave, benefit and non-discrimination notices. The amendment to § 201 does not require an employer to provide access to any notice that it is not otherwise required to be posted by applicable federal or state law or regulation.
Employers should promptly ensure that all workplace notices required to be physically posted under federal or state law or regulation are made available to employees electronically — either through the employer’s website or by email — and inform their employees of such availability.