BOP NEWSLETTER • February 2023

New York Enacts Law on Worker-Rights Poster Requirements

Late in 2022, Gov. Hochul signed Bill A7595/S6805 into law, which went into effect immediately and imposes new requirements for posting worker-rights posters in the digital age.

The amendment effects NY Labor Law Section 201. This states the following:

• “Wherever persons are employed who are affected by the provisions of this chapter or of the industrial code, the commissioner shall furnish to the employer copies or abstracts of such provisions, rules and orders as he may deem necessary affecting such persons. The copies or abstracts shall be in such language as the commissioner may require and shall be kept posted by the employer in a conspicuous place on each floor of the premises.”

The amendment now adds the following:

• “Digital versions of such copies and abstracts shall also be made available through employer’s website or by email. Employers shall provide notice that documents required for physical posting are also available electronically. All other documents required to be physically posted at a worksite pursuant to state or federal law or regulation shall also be made electronically available in the manner described pursuant to this section.”

The digital posting requirements under this law appears to require employers to digitally post all documents that must be posted at a worksite under any other state or federal law.

Employers may be subject to fines for failing to comply with state and federal employment law posting requirements.

As a result of the above, employers should audit their current worker-rights poster to ensure compliance with both the physical and digital posting requirements.

New Jersey WARN Law Amended

On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which is set to take effect on April 10, 2023 – 90 days from the date of enactment.

A WARN Law, also known as Worker Adjustment and Retraining Notification, basically requires employers to provide advance notice of planned closings and mass layoffs of employees. Federally, this applies to employers with 100+ employees and requires 60 calendar days of notice. Many states, such as NJ, have their own WARN Laws.

Under the new amendments going into effect:

• WARN is triggered by a termination in a 30-day period (or sometimes in a 90-day period) of 50 or more employees located anywhere in the state and regardless of tenure or hours of work;
• The notice period for a mass layoff or plant closing is increased to 90 days;
• Severance pay is automatic, and the law requires employers to provide severance pay equal to one week for each year of service;
• If the employer fails to give 90 days’ NJ WARN notice, the severance obligation is increased by four weeks of pay for each employee;
• Employees may not waive their right to severance under NJ WARN without state or court approval; and
• The law applies to employers with at least 100 employees located anywhere in the United States, regardless of tenure or hours of work (so long as the employer has operated in New Jersey more than three years).