NYS Employers Required to Provide Federal and State Workplace Posters Electronically

As New York employers are aware, the New York Labor Law requires that employers display posters issued by the New York Department of Labor in a conspicuous place on each floor of the workplace. Required posters cover topics including, among others, minimum wage, protections against discrimination, and workers’ compensation benefits. Various Federal agencies also require that posters describing employee rights under Federal law be posted in the workplace.  

Effective December 16, 2022, employers must now also provide required workplace posters electronically, by posting them on the employer’s website or emailing them to employees. The electronic distribution requirement applies to workplace posters required under both New York and Federal law. The law also requires employers to notify employees that physical posters are available electronically, but does not specify how such notice should be made. Possible options might include adding a posting to the collection of physical posters noting that  the posters are available electronically and stating where employees can access electronic copies, posting a notification on an employer’s intranet or sending an email.  Importantly, electronic distribution or posting does not relieve employers of their obligation to physically post the posters.

Employers should evaluate their current Federal and State workplace posters to ensure they are up to date and, given that the law went into effect immediately, act quickly to provide the posters to employees electronically. An employer who does not comply with the physical and electronic posting requirements may be subject to fines starting at $100 and increasing to $500 for subsequent offenses.  

If you have any questions about complying with state and federal posting requirements, please contact Amanda M. Baker at abaker@fglawllc.com, or any attorney at the firm.

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