Now that the New Year is underway, employers should ensure that required messaging about employee/workers’ rights is up to date and conforms with federal, state, and local law.
Many laws obligate New York employers to notify workers about their rights. As we advised last Fall, the U.S. Equal Employment Opportunity Commission (EEOC) updated its workplace poster, entitled “Know Your Rights” summarizing the federal laws enforced by the EEOC, which should be prominently displayed at work sites. In addition, as of January 1, 2023, New York employers with more than 50 full time employees are required to display a new Veteran Benefits & Services poster in a conspicuous place in the workplace that is accessible to all employees.
This year, New York employers must also ensure they properly display and distribute required workplace notices. New York State recently enacted a new law (A7595), requiring employers to make all federal and state-required workplace posters available online (either through their website or by email) and notify employees that the posters are also available electronically. The new requirements took effect on December 16, 2022. While the law does not specifically address local postings, many employers may consider including those in their electronic distribution, as well.
Employers should consider taking stock now of applicable federal, state, and local workplace notice requirements and ensure that they are complying with these laws. Employers in New York State should meet the obligations imposed by the new law by emailing employees copies of relevant posters and/or posting copies of them on a company intranet or website. Multi-jurisdiction employers should take care to check requirements in each locality, as these vary from state to state.
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