November 17, 2017 Required Personnel Postings
KEEPING YOU INFORMED…
We are writing to remind you of certain personnel-related posters and notices that must be displayed in the workplace. State and federal law require that these postings be displayed in conspicuous locations where other notifications of workplace rights and employer rules and policies are posted.
New York State law requires that the public and private sector employers specified below display the following employment-related posters and notices:
1. New York State Division of Human Rights Anti-Discrimination Poster (required for employers with four or more employees and most employers of domestic workers).
2. Minimum Wage Poster (required for private sector employers and for individuals employed or permitted to work in any non-teaching capacity by a school district or BOCES).
3. Public Employees Job Safety and Health Protection Poster and Right to Know Poster (required for public sector employers). These posters are available at: https://labor.ny.gov/workerprotection/safetyhealth/DOSH_POSTERS.shtm.
4. Unemployment Insurance Notice to Employees (required for most employers).
5. Notice of Compliance for Workers’ Compensation and Disability Benefits (required for most employers; this notice is available from your insurance carrier).
6. No Smoking Signs (required for all employers).
7. A copy of Article 23-A of the New York State Correction Law, which relates to the employment of persons previously convicted of a crime (required for most employers).
8. Notice of an employee’s right to take a leave of absence for the purpose of donating blood (required for all employers with at least 20 employees).
9. Permitted Working Hours for Minors Under 18 Years of Age (required for most employers; this notice is available at: http://www.labor.ny.gov/formsdocs/wp/ls171.pdf).
10. New York Labor Law requires employers to create and post a schedule for all minors under the age of 18 employed by the employer, setting forth the hours that each minor starts and stops work and the time allowed for meals. The schedule must be posted in each location where minors are employed. The employer may not change a minor’s work hours without first posting the change on the schedule. More information regarding the employment of minors is available at: https://labor.ny.gov/workerprotection/laborstandards/workprot/minors.shtm.
11. Notification of Time Allowed to Vote (required for most employers; the notification must be posted at least 10 working days before every election until the close of the polls on Election Day). This notice is available at: http://www.elections.ny.gov/NYSBOE/elections/AttentionEmployees.pdf.
12. Deductions from Wages Poster and Tip Appropriation Poster (required for employers engaged in the sale or service of food or beverages).
13. Workplace Violence Policy Statement (required for public sector employers, except for school districts and BOCES that must develop School Safety Plans pursuant to the Education Law).
14. Right to take unpaid leave for the purpose of expressing breast milk (all employers are required to provide a notice to employees who are returning to work following the birth of a child that includes a copy of Labor Law § 206-c and notifies the employees of their right to take unpaid leave for the purpose of expressing breast milk by: (i) providing the notice to each affected employee; or (ii) posting a notice to all employees through publication in an employee handbook or posting the notice in a central location).
15. Private sector employers are required to advise their employees of the employer’s policies on sick leave, vacation, personal leave, holidays and hours by: (i) posting these policies in a conspicuous location; (ii) posting a notice that states where on the employer’s premises the employees may view these policies (e.g., in a union contract, employee handbook, personnel manual, etc.); or (iii) distributing these policies to each employee in writing.
16. Public sector employers are required to post a copy of General Municipal Law §§ 800-809 in each public building in a place that is conspicuous to the employer’s officers and employees. This poster is available at: https://www.osc.state.ny.us/localgov/pubs/gmlposter.pdf.
17. The New York Paid Family Leave Law (“NYPFL”) requires “covered employers,” which includes public sector employers who opt(ed) in to providing benefits pursuant to the NYPFL Law and most private sector employers, to post a printed notice concerning paid family leave in a form prescribed by the Chair of the Workers’ Compensation Board. To date, the only notice that is available to employers is a Notice of Compliance, which is provided by your insurance carrier (or, if you are self-insured, you can obtain this notice by contacting the Workers’ Compensation Board at Certificates@wcb.ny.gov). The Workers’ Compensation Board may, at a later date, also publish an informational poster regarding the NYPFL Law and, if they do, we will provide you with a copy.
Unless otherwise indicated above, copies of these posters and notices can be obtained at: https://labor.ny.gov/workerprotection/laborstandards/employer/posters.shtm.
Pursuant to federal law, the employers specified below are required to display the following employment-related posters and notices:
1. Equal Employment Opportunity (“EEO”) Poster (required for employers with 15 or more employees).
2. Fair Labor Standards Act Minimum Wage Poster (required for most employers).
3. Employee Rights for Workers with Disabilities/Special Minimum Wage Poster (required for employers of workers with disabilities who are employed pursuant to special minimum wage certificates; according to the Department of Labor, if the employer finds it inappropriate to post this notice, it may provide the poster directly to the affected employees).
4. Uniformed Services Employment and Reemployment Rights Act Poster (all employers are required to provide this poster to individuals who leave employment positions to undertake military service or certain types of service in the National Disaster Medical System by: (i) posting it where employee notices are customarily placed; or (ii) personally delivering or mailing the poster or distributing it by electronic mail). The Act protects civilian job rights and benefits for veterans and members of Reserve components.
5. Family and Medical Leave Act Poster (required for private sector employers who employ 50 or more employees in 20 or more workweeks and all public sector employers and private schools).
6. Employee Polygraph Protection Act Poster (required for private sector employers).
7. Occupational Safety and Health Administration (“OSHA”) Job Safety and Health Protection Poster (required for most private sector employers).
8. Notice to Employees Working on Government Contracts (required for contractors and subcontractors engaged in certain contracts with the United States or the District of Columbia).
9. Notification of Employee Rights Under Federal Labor Laws (required for federal contractors and subcontractors).
10. Pay Transparency Nondiscrimination Provision Poster (required for federal contractors and subcontractors).
Unless otherwise indicated above, copies of these posters and notices can be obtained from the following website: http://www.dol.gov/oasam/boc/osdbu/sbrefa/poster/matrix.htm.
Certain types of employers are subject to additional personnel-related posting requirements (for example, construction industry employers, agricultural employers, employers engaged in the sale or service of food or beverages and federal contractors) and non-personnel related posting requirements (for example, school districts and BOCES).
If you have any questions regarding these requirements or if you would like assistance in determining which postings must be displayed in your workplace, please contact Lauren Schnitzer or one of our other attorneys by calling 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2017
 Effective January 19, 2016, the anti-sexual harassment provisions of the Human Rights Law became applicable to all employers, regardless of how many individuals they employ. The Human Rights Anti-Discrimination Poster, however, covers all forms of harassment, not just sexual harassment. Thus, the best practice would be for all employers to display the poster because it advises of the illegality of workplace sexual harassment, which now applies to all employers.