New York Employers Will Soon Be Required to Provide Electronic Versions of Mandatory Job Postings | Fisher Phillips

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The New York state legislature passed legislation on April 26 recognizing that increasing numbers of workers are working from home and away from their physical workplace and requiring employers to provide mandatory job postings for their employees electronically. The bill has not yet been sent to Gov. Hochul’s desk for signature – or an unlikely veto – but will go into effect immediately after it is signed. Here’s what New York City employers need to know about this law to ensure compliance.

What does the new law require?

The COVID-19 pandemic and resulting greater acceptance of remote work has continued to change the landscape of the workplace and it seems that no stone is being left unturned. The latest result of this trend will affect your postings and notifications in the workplace.

Labor Law Section 201 currently requires that you display certain legal notices provided by the Commissioner of Labor in a prominent place on each floor of your workplace. The bill passed by the legislature requires you to:

  • Make digital versions of these mandatory documents available on your website or via email; and
  • Advise employees that these documents are available electronically.

Electronic posting applies to all documents that must be filed at a place of work under state and federal laws or regulations, not just labor law.

Next steps for New York employers

Because this law is effective immediately after the governor signs it, you should take steps now to comply with it.

  • First, you should ensure that all mandatory job postings have been posted at the physical workplace in accordance with all applicable laws.
  • Next, you should collate or digitally copy these postings and upload them to your company’s intranet. If your company doesn’t have an internal website, consider attaching an email with the postings to distribute to your employees once the bill goes into effect.
  • Regardless of how these digital copies are shared (intranet or email), you also need to make your employees aware that the documents are available electronically. Accordingly, you should begin preparing to update employee handbooks or similar resources.
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