In an acknowledgement of the increase in remote work, on December 16, 2022, New York State Governor Kathy Hochul signed into law Senate Bill S6805, which amends section 201 of the New York Labor Law to require New York State employers to make available electronically notices and posters that are required by law to be physically posted in the workplace. Specifically, employers are required to make available through their websites or by email copies of documents required to be physically posted at worksites pursuant to state or federal law or regulation. In addition, employers are required to notify employees that notices and posters that are required to be physically posted at worksites are available electronically.
The law took effect immediately upon signing.
New York State employers may want to consider taking the following measures:
- Reviewing current posting requirements and ensuring all legally required notices and posters are physically posted at worksites in compliance with applicable law
- Preparing digital copies of legally required notices and posters and making them available either on their websites (such as a company intranet) or by email
- Notifying employees that they can access such documents electronically
- Implementing administrative functions to ensure compliance
Ogletree Deakins’ New York office will continue to monitor and report on developments with respect to employment-related legislation and will post updates on the firm’s New York blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.