For decades, businesses within New York State have been required by federal, state and, in certain cases, local law to physically post various notices and posters in the workplace. However, last month Governor Kathy Hochul signed into law Senate Bill S6805, which mandates that Empire State employers now also make any legally-required notices and posters available electronically. The bill took effect immediately.
Specifically, the new law requires that New York State employers post notices and posters on their website or circulate them to employees by email. Employers must also notify employees that the required notices and posters are available electronically. The notices and posters subject to the law are the same as those that must be physically posted on-site as required by both state and federal law (e.g., posters on minimum wage, notice as to New York’s whistleblower law, and the like). The law and related legislative comments are silent on whether this requirement applies to local or city law notices and posters.
To ensure compliance with the new law, New York employers should: (1) confirm that all required notices and posters are posted on-site; (2) prepare digital versions of the notices and posters; (3) notify employees that the notices and posters are also electronically available; and (4) circulate the digital versions of the notices and posters in compliance with Section 201.