Effectively immediately, employers in New York State are required to make digital versions of required federal and state postings available to employees.
Specifically, under an amendment to Section 201 of the N.Y. Labor Law, digital versions of “all . . . documents required to be physically posted at a worksite pursuant to state law or federal law or regulation” now must “also be made available through the employer’s website or by email.” In the absence of further guidance from the New York Department of Labor to the contrary, it appears that uploading copies of the required postings to an employer’s intranet or other internal internet site that is accessible to all New York employees would satisfy the requirement.
In addition, employers must immediately “provide notice that documents required for physical posting are also available electronically.” Once again, in the absence of guidance to the contrary, it appears that employers may satisfy the notice requirement in a number of ways, including a statement of notice in an employee handbook, providing notice to current employees and new hires via email, or posting a notice on the employer’s existing physical “wall of posters” stating that the postings are also available on the company intranet.
Employers can find links to the required New York State postings here and a listing of required federal postings here. Employers should take this opportunity to review their physical postings to ensure they are up-to-date and then take immediate steps to comply with the electronic access and notice requirements.
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