NY Bill Will Require Electronic Labor Law Postings

The New York State legislature, on April 26th, 2022, passed Assembly Bill A7595 requiring employers to provide electronic labor law postings. In general, this requirement benefits remote workers. The legislation’s timeliness acknowledges an increase in remote employees who do not regularly access their physical worksites. Once signed, the bill will go into immediate effect. Employers within New York State should heed the requirements within the bill to ensure compliance with current labor law in the state.

Labor Law Postings for Remote Employees

Employers have an obligation to post state and federal labor law notices in the physical workplace. However, some companies allow employees to work remotely. What’s more, according to a study published by Upwork, within the next five years, 28% of American professionals predict that they will be working remotely. Having a remote workforce can create difficulties for businesses to notify employees of their rights under state and federal labor laws. To assist those employers, the U.S. Department of Labor (DOL) released guidance on electronic posting requirements and how to communicate labor laws to remote workers.

Requiring Electronic Labor Law Postings

Currently, under New York State law, section 201 regarding labor law, New York employers must post specific notices that the Commissioner of Labor provides. Further, employers must post these notices in a conspicuous area on every floor of the workplace. Additionally, Assembly Bill A7595 now requires employers to:

• provide digital copies of these same mandatory documents through the employer’s website or by email; and
• give employees due notice that these documents are now available electronically.

All in all, the electronic labor law postings requirement applies to required notices under both state and federal law. Although the bill has not yet reached New York Governor Kathy Hochul’s desk, it is expected she will sign it. At that point, the bill goes into immediate effect.

Employer Takeaways

New York State often influences legislation in other states, over time. As the state sets precedent in this particularly timely area of labor law, other states are sure to follow suit. Employers can take some basic steps now to ensure ongoing compliance with future electronic labor law postings requirements and other labor law notice obligations. Proactive employers may:

• Ensure that all mandatory state and federal postings are conspicuously posted in the physical workplace.
• Create digital copies and upload them to a company website or email them to all employees.
• Notify employees that they may now access required electronic labor law postings via those channels.

This proactive approach can show good faith with all employers’ legal obligation to post federal and state labor notices for all employees, including remote workers. Indeed, it aligns with the DOL’s previous guidance on electronic posting requirements.