Electronic Distribution and Posting of Workplace Notices – Best Practice and Newly Required in NY State

New York Labor Law Section 201 was amended in December of 2022 to immediately mandate that employers electronically distribute, via email or posting, all notices that previously were required to be physically posted in a conspicuous place on each floor of an employer’s premises.

Specifically, employers must now either:

  1. Email employees an electronic copy of the notices; or
  2. Post an electronic copy of the notices on the employer’s website.

Additionally, employers must inform employees that the notices are available electronically.

Notably, this amendment aligns with the previous guidance issued by the United States Department of Labor advising that electronic notices can be used to meet all notice obligations, but that such usage does NOT replace physical posting requirements.

Accordingly, we do recommend that employers both physically and electronically post all required notices as requirements vary based on location and headcount.

If you have questions regarding which State and Federal notices you should be posting physically and electronically in your workplace, or if you need updates to your employee handbook, please contact a Employment Group Chair Heather Adelman at hadelman@hdrbb.com.