In New York, the array of required workplace posters offers a comprehensive view of the state's commitment to workers' rights and safety. These posters, mandated by state law, cover important topics like minimum wage, discrimination and harassment in the workplace, family leave, and workers' compensation. New York's approach to these posters often includes details specific to its labor laws, such as the New York State Human Rights Law, which may not be as prominently featured in the workplace poster requirements of other states.
The significance of complying with these poster regulations extends beyond avoiding legal penalties; it's about creating an environment of transparency and respect. By displaying these posters, employers in New York demonstrate their commitment to upholding the rights of their employees and fostering a workplace where these rights are clearly communicated and understood. This commitment not only helps in maintaining legal compliance but also in building a workplace culture where employees feel valued and informed. For New York employers, regularly updating and prominently displaying these posters is a crucial aspect of nurturing a legally compliant and respectful work environment.
The following state posters are required by the state of New York:
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Required Posters |
These posters must be displayed in prominent locations within the workplace, such as break rooms or common areas, to ensure they are easily visible to all employees. Regular updates are necessary to ensure compliance with any changes in state laws.
New York Required Workplace Posters
Construction Industry Fair Play Act
Required for the construction industry.
Poster Summary
The "Construction Industry Fair Play Act" notice provides important information regarding the classification of employees and independent contractors in the construction industry.
Key points from the document include:
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The law states that individuals are considered employees unless they meet specific criteria as independent contractors.
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To be classified as an independent contractor, an individual must be free from direction and control, perform work not typically done by the hiring business, and have an independently established business.
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Misclassifying employees as independent contractors or paying employees off the books is prohibited by law.
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Employees are entitled to various protections, including unemployment insurance benefits, workers' compensation benefits, fair wages, a safe work environment, and the right to assert their rights without retaliation.
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Independent contractors must comply with all tax and Unemployment Insurance requirements.
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Penalties for paying workers off the books or improperly treating employees as independent contractors include civil and criminal penalties, including fines, jail time, and debarment from performing public work.
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Individuals with questions about their employment status or who believe their rights have been violated can file a complaint with the Department of Labor.
Criminal Convictions Records
Poster Summary
The "New York Correction Law Article 23-A" provides regulations regarding the licensure and employment of individuals with previous criminal convictions.
Key points from the document include:
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Definitions include terms like public agency, private employer, direct relationship, license, and employment.
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The law applies to any application for a license or employment by an individual with previous criminal offenses, except where mandatory forfeiture or disability is imposed by law.
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Unfair discrimination based on previous criminal convictions is prohibited.
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Factors to be considered during determination include public policy, duties and responsibilities, impact of previous offenses on fitness to perform duties, elapsed time since the offense, age at the time of offense, seriousness of the offense, rehabilitation efforts, and the interest of protecting property and safety.
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Certificates of relief from disabilities or good conduct create a presumption of rehabilitation.
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Denial of license or employment must be accompanied by a written statement of reasons upon request.
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Enforcement can involve proceedings under civil practice law and rules for public agencies, and the Division of Human Rights or Commission on Human Rights for private employers.
Downloads
Discrimination
Poster Summary
The "New York State Human Rights Law" poster encompasses various aspects of anti-discrimination regulations.
Key points from the document include:
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Prohibition of discrimination based on age, race, creed, color, national origin, sexual orientation, military status, sex, pregnancy, gender identity or expression, disability, or marital status.
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Prohibition of sexual harassment or harassment based on these protected classes.
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Coverage extends to all employers, employment agencies, labor organizations, and apprenticeship training programs.
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Additional protected classes include Sabbath observance, religious practices, hairstyles associated with race, prior arrest or conviction record, predisposing genetic characteristics, familial status, pregnancy-related conditions, and domestic violence victim status.
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Reasonable accommodations may be required for persons with disabilities and pregnancy-related conditions, including lactation.
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Protection extends to domestic workers, interns, and nonemployees working in the workplace.
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Prohibition of discrimination in housing, land, commercial space rental, including activities of real estate brokers and salespeople.
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Additional protected classes in housing include lawful source of income, familial status, prior arrest or sealed conviction, and commercial boycotts.
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Reasonable accommodations and modifications may be required for persons with disabilities.
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Prohibition of discriminatory advertising and applications related to employment, real estate, public accommodations, and credit transactions.
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Filing a complaint with the Division of Human Rights or State Court should be done within specific time frames.
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Retaliation for filing complaints or opposing discriminatory practices is prohibited.
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Information for contacting the Division of Human Rights is provided.
Downloads
Equal Pay
Poster Summary
The "Equal Pay Provision of the New York State Labor Law" poster explains regulations related to pay differentials based on protected class status.
Key points from the document include:
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Prohibition of paying employees within a protected class a wage rate less than employees without the same protected class for equal work, substantially similar work, or work with equal skill, effort, and responsibility performed under similar conditions.
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Exceptions to the prohibition include differentials based on seniority, merit, earnings by quantity or quality of production, or bona fide factors unrelated to protected class status, provided they are job-related and consistent with business necessity.
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The definition of "business necessity" is a factor with a manifest relationship to the employment, while "protected class" includes various categories such as age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, and more.
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Employees are considered to work in the same establishment if they work for the same employer at workplaces in the same geographical region, typically no larger than a county.
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Employers are prohibited from prohibiting employees from discussing or disclosing wages, but may establish reasonable limitations through written policies, as long as these limitations conform to standards set by the commissioner and other state and federal laws. Disclosure of wage information is permitted in certain circumstances, such as in response to a complaint or for investigative purposes.
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The poster also provides contact information for the New York State Department of Labor for further inquiries.
Expression of Breastmilk
Poster Summary
The "Guidelines Regarding the Rights of Nursing Mothers to Express Breast Milk in the Workplace" document outlines provisions under Section 206-c of the New York State Labor Law. Key points from the document include:
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Employers must provide reasonable unpaid break time or allow employees to use paid break time or meal time to express breast milk for up to three years following childbirth.
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Employers should make reasonable efforts to provide a room or location near the work area that allows privacy for expressing breast milk.
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Discrimination against employees who choose to express breast milk in the workplace is prohibited.
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The law applies to all public and private employers in New York State, regardless of business size or nature.
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Employees should provide advance notice to the employer if they wish to avail themselves of this benefit.
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Reasonable unpaid break time is typically no less than 20 minutes, or 30 minutes if the location is not in close proximity to the employee's work station.
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The number of breaks needed depends on various factors, and employers should generally provide breaks every three hours upon the employee's request.
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Employers may allow unpaid break time to run concurrently with scheduled paid breaks or accommodate employees by allowing them to work before or after their normal shifts to make up for the break time used.
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Employers must make reasonable efforts to provide a private room or location dedicated to expressing breast milk, and the room should not be a restroom or toilet stall.
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The guidelines provide suggestions for employer activities to support breastfeeding employees.
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The document includes contact information for the Division of Labor Standards offices.
Fringe Benefits and Hours
Poster Summary
The "Guidelines for Employers: Requirements to Notify Employees About Time Off and Work Hours" document outlines the provisions of Section 195.5 of the New York State Labor Law.
Key points from the document include:
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Employers must notify employees about sick leave, vacation, personal leave, holidays, and hours.
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Notification can be done in writing or by publicly posting the employer's policy.
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The employer must demonstrate that written notification was provided to employees, which can be done through distribution in company publications or inclusion in payrolls.
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Alternatively, the employer can post a notice in a conspicuous place in the establishment, indicating where written information can be found. Deviations from the stated policy should be provided to the affected employee in writing.
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"Hours" refer to the standard workday, workweek, or regular schedules, including part-time employees, and deviations should be communicated in writing.
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For further information, employers can contact the Division of Labor Standards.
Mandatory Nurse Overtime
Poster Summary
Required for Health Care Employers.
Part 177 of the New York State Official Compilation of Codes, Rules, and Regulations outlines the "Restrictions on Consecutive Hours of Work for Nurses."
Key points from the document include:
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The regulation prohibits health care employers from assigning mandatory overtime to nurses, except in specific circumstances.
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The definition of terms such as emergency, health care disaster, health care employer, nurse, on-call, overtime, and patient care emergency are provided.
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Exceptions to the prohibition on mandatory overtime include health care disasters, government declarations of emergency, ongoing medical or surgical procedures, and patient care emergencies.
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Nurses cannot be required to work beyond their regularly scheduled work hours in connection with a patient care emergency without the employer's good faith effort to secure voluntary overtime or establish nurse coverage.
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Health care employers must implement a Nurse Coverage Plan that includes various staffing methods to ensure adequate coverage without relying on mandatory overtime.
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The plan should identify supervisors or administrators who make final determinations regarding the use of mandatory overtime.
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Documentation of efforts to avoid mandatory overtime during patient care emergencies is required.
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The Nurse Coverage Plan must be readily available to nursing staff, provided to collective bargaining representatives and the Commissioner of Labor upon request, and not used to diminish existing rights under other laws or collective bargaining agreements.
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Complaints of violations should follow procedures set out by the Department of Labor.
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Health care employers cannot seek waivers of the protections afforded to nurses under this regulation.
Minimum Wage
Poster Summary
The minimum wage rates for miscellaneous industry employees in New York State, effective from January 1, 2024, to December 31, 2024, are as follows:
New York City:
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Large employers (11 or more employees):
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Minimum Wage: $16.00
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Overtime after 40 hours: $24.00
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Tipped workers: $16.00
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Overtime after 40 hours: $24.00
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Small employers (10 or fewer employees):
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Minimum Wage: $16.00
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Overtime after 40 hours: $24.00
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Tipped workers: $16.00
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Overtime after 40 hours: $24.00
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Long Island and Westchester County:
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Minimum Wage: $16.00
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Overtime after 40 hours: $24.00
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Tipped workers: $16.00
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Overtime after 40 hours: $24.00
Remainder of New York State:
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Minimum Wage: $15.00
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Overtime after 40 hours: $22.50
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Tipped workers: $15.00
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Overtime after 40 hours: $22.50
Tip credits are no longer applicable, and employers must pay the full applicable minimum wage rate. Other considerations include credits and allowances that may reduce pay below the minimum wage rates and extra pay owed in addition to the minimum wage, such as overtime, call-in pay, spread of hours, and uniform maintenance.
Downloads
Every employer engaged in the sale or service of food or beverages must post BOTH of the following:
No Smoking
Poster Summary
The Clean Indoor Air Act of New York State prohibits smoking and vaping in almost all public and private indoor workplaces, including restaurants and bars, to protect workers and the public from harmful secondhand tobacco smoke and vaping aerosols.
The Act also restricts smoking and vaping near certain areas such as schools and playgrounds. Localities may have additional regulations as long as they are at least as strict as the Act. Secondhand smoke is unsafe and can cause serious health problems. Vaping aerosol contains harmful substances. Violations of the Act can result in fines.
Smoking and vaping are permitted in specific areas such as private homes, certain designated businesses, and outdoor areas of restaurants. Businesses must inform customers that smoking and vaping are not permitted indoors.
Complaints can be filed for violations of the Act, and penalties can be assessed.
Notice of Pay
Poster Summary
The Wage Theft Prevention Act (WTPA), effective since April 9, 2011, provides increased protection for workers in New York State. Key provisions of the law include:
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Public notice of violations: Certain violations may be posted in the workplace visible to employees and the public for up to one year.
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Enhanced rules against retaliation: The law expands protection against retaliation and grants the Department of Labor additional enforcement powers.
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Written notice: Employers must provide a written notice to each new hire, including information about pay rates, pay periods, employer details, and tip, meal, and lodging allowances. Notices must be provided in both English and the employee's primary language if translations are available.
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Payroll records: Employers must maintain accurate records of employees' hours worked and wages paid for six years. Records must reflect ongoing, real-time data rather than retrospectively compiled information.
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Wage statements: Employers must provide employees with itemized wage statements or pay stubs that include comprehensive payroll data and additional information such as employee and employer details.
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Damages and penalties: The WTPA establishes higher penalties for employers who fail to pay required wages, including liquidated damages of up to 100% of unpaid wages and civil penalties.
Paid Family Leave – Notice to Employees
Poster Summary
The New York Paid Family Leave (PFL) program requires private employers to fulfill certain responsibilities. These include obtaining PFL insurance coverage, posting a Notice of Compliance, informing employees about their PFL benefits, identifying employees who qualify for a waiver, collecting payroll contributions, and responding to employee requests for leave.
Discrimination or retaliation against employees for requesting or taking PFL is prohibited. Employers should familiarize themselves with the process for handling employee requests and be aware of their obligations regarding reinstatement. Resources and forms are available to assist employers in implementing PFL.
Downloads
Your insurance carrier will provide you with a notice to employees (Notice of Compliance) stating that you have Paid Family Leave insurance. The Notice will include information about your carrier.
If you are self-insured, you can get this notice by contacting the NYS Workers’ Compensation Board at certificates@wcb.ny.gov.
Example New York Paid Family Leave Notice
Posting of Hours for Minors
Poster Summary
The New York State Child Labor Law sets limitations on the working hours of minors under 18 years of age.
Here are the key provisions:
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For minors aged 14 and 15, in all occupations except farm work, newspaper carriers, and street trades:
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Maximum permitted daily hours: 3 hours on school days, 8 hours on other days.
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Maximum permitted weekly hours: 18 during school attendance, 23 when school is not in session.
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Maximum permitted days per week: 6.
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Hours of work between 7 AM and 7 PM.
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For minors aged 16 and 17, in all occupations except farm work, newspaper carriers, and street trades:
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Maximum permitted daily hours: 4 hours on days preceding school days (Monday to Thursday), 8 hours on Fridays, Saturdays, Sundays, and holidays.
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Maximum permitted weekly hours: 28.
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Maximum permitted days per week: 6.
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Hours of work between 6 AM and 10 PM.
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Minors who are not attending school (16 and 17-year-olds):
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Maximum permitted daily hours: 8.
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Maximum permitted weekly hours: 48.
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Maximum permitted days per week: 6.
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Hours of work between 6 AM and midnight.
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Additional regulations exist for farm work, newspaper carriers, and street trades.
Employers must post a schedule of work hours for employed minors. Employment certificates (working papers) are required for all minors under 18. Penalties apply for violations of child labor laws, with increased penalties if a minor is seriously injured or dies while illegally employed.
Public Work / Prevailing Wage Rates
Poster Summary
If you are employed as a worker, laborer, or mechanic on a public work project in New York State, you have the right to receive the prevailing wage and supplements for your specific job classification. Your pay stub and wage notice given upon hire must clearly state your wage rate and supplement rate. These wages are set by law and must be posted at the work site. If you believe that you have not received proper wages or benefits, please contact the nearest office of the New York State Department of Labor. The contact information for various offices is provided on this poster. For New York City government agency construction projects, please contact the Office of the NYC Comptroller. Contractor information and project location should be indicated on this form.
Retaliatory action by employers; prohibition
Poster Summary
Under Labor Law Section 740 in New York State, employees are protected from retaliatory action by their employers.
Key provisions of this law include:
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Definitions: "Employee" refers to an individual performing services for an employer, including former employees and independent contractors. "Employer" refers to any entity employing one or more individuals.
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Prohibitions: Employers must not take retaliatory action against employees who disclose or threaten to disclose unlawful activities, provide information to investigating public bodies, or object to or refuse to participate in such activities.
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Application: Employees are required to notify their employer of the activity, policy, or practice before disclosing it to a public body, unless certain exceptions apply.
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Violation and remedy: Employees subjected to retaliatory action may bring a civil action within two years. The court may grant various forms of relief, including injunctions, reinstatement, lost wages compensation, payment of costs and attorney's fees, civil penalties, and punitive damages.
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Employer relief: Employers may receive reasonable attorneys' fees, court costs, and disbursements if the court determines that the action brought by the employee was without basis.
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Existing rights: This section does not diminish any rights, privileges, or remedies under other laws, regulations, collective bargaining agreements, or employment contracts.
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Publication: Employers are required to inform employees of their rights, protections, and obligations under this section by posting a notice in easily accessible and well-lighted locations.
Safety & Health
Poster Summary
Public Employees Job Safety & Health Protection
The New York State Public Employee Safety and Health Act (PESH Act) aims to protect workers by ensuring safe and healthful working conditions.
Key provisions highlighted in the attached document include:
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Employer responsibility: Employers must provide a workplace free from recognized hazards, comply with safety and health standards, and adhere to regulations issued under the PESH Act.
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Employee responsibility: Employees must comply with safety and health standards applicable to their job and follow PESH Act regulations.
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Enforcement: The New York State Department of Labor, particularly the Division of Safety and Health (DOSH), administers and enforces the PESH Act. Inspectors and hygienists inspect workplaces to ensure compliance.
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Inspection: Employers must allow a representative of the employer and an employee-approved representative to participate in workplace inspections.
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Order to Comply: If an employer violates the PESH Act, the Department may issue an order to comply. The employer must rectify the violations by specified dates listed in the order.
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Complaints: Any concerned individual can file a complaint regarding unsafe or unhealthful conditions in a public workplace. Complaints should be submitted in writing to the nearest DOSH office.
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Discrimination protection: Employees are protected from discrimination or retaliation for exercising their rights under the PESH Act. Employees who face discrimination can file a complaint with DOSH.
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Voluntary activity: Employers and employees are encouraged to voluntarily reduce hazards and improve safety programs. The Division of Safety and Health can provide free assistance upon request.
Right to Know
Under the Right to Know Law in New York State, employers are required to inform employees about the health effects and hazards of toxic substances present in the workplace. It is important for employees to educate themselves about toxic substances at their job. For additional information, individuals can reach out to the New York State Department of Health. Remember, you have the right to know and be informed about potential dangers in your workplace.
Sexual Harassment
Poster Summary
Under the NYC Human Rights Law, which is one of the strongest anti-discrimination laws in the nation, all individuals are protected against gender-based discrimination, including sexual harassment in the workplace. Violators can face civil penalties of up to $250,000 for willful violations, and the NYC Commission on Human Rights can also provide additional remedies such as emotional distress damages and mandated training. The law prohibits retaliation against individuals who oppose or speak out against sexual harassment. It is important to report sexual harassment to a manager, equal employment opportunity officer, or human resources. Complaints can also be filed with the NYC Commission on Human Rights, the New York State Division of Human Rights, and the U.S. Equal Employment Opportunity Commission. Employers are required to provide written notice of employees' rights under the Human Rights Law.
Unemployment Insurance – Notice to Employees
Poster Summary
This notifies the employees of your company that they are covered by the New York State Unemployment Insurance Law. You, as the employer, may not deduct wages for this purpose. If your employee is laid off, work less than four days a week, or resign, they should obtain a "Record of Employment" form from you, the employer, and keep it for their records to use when filing for Unemployment Insurance benefits.
The form must include the employer's name, registration number, and the address where payroll records are kept. To file an application for Unemployment Insurance, your employes can call the Telephone Claims Center, visit the website, or use a TTY/TDD device for hearing-impaired individuals.
Veteran Benefits and Services
Poster Summary
Effective January 1, 2023, all public and private New York State employers with more than 50 full-time employees are required to display this poster.
The New York State Department of Labor and other organizations provide various resources and hotlines to assist veterans. These resources cover a range of services, including legal assistance, education, employment and volunteer opportunities, financial support, healthcare, and more. Additionally, there are mental health and substance abuse resources available, along with tax benefits and legal services tailored to veterans. The Department of Veterans' Services and the Department of Labor offer specific programs and support for veterans. For additional information and contact details, please refer to the attached document.
Downloads
These forms will be provided by your insurance carrier.
Notice of Compliance (White) for Workers' Compensation - Example
Notice of Compliance (Blue) For Disability Benefits - Example
Important: Local jurisdictions in New York may have additional posting requirements. Employers must contact their local jurisdiction for specifics.
Federal Workplace Posters
Additionally, New York employers must display the following federally required posters, which can be downloaded here.
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Private employers, state and local governments, and educational institutions |
Federal Contractors |
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Employee Polygraph Protection Act (EPPA) |
Employee Rights on Government Contracts |
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Employee Rights for Workers with Disabilities/Special Minimum Wage |
Workers Rights Under Davis-Bacon Act |
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E-Verify Participation |
Employee Rights Under the National Labor Relations Act |
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E-Verify Right to Work |
Pay Transparency for Nondiscrimination Provision |
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Fair Labor Standards Act (FLSA) |
Your Rights Under the Energy Reorganization Act |
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Family and Medical Leave Act (FMLA) |
Workers Rights Under Executive Order 13658 |
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Job Safety and Health: It's the Law Workplace |
Workers Rights Under Executive Order 13706 |
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Know Your Rights |
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Your Rights Under USERRA |
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Agricultural employers and farm labor contractors:
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Have Employees in More Than One State?
CLICK ON THE HYPERLINKS TO SEE WHAT IS REQUIRED IN EACH STATE.
This content is owned and provided by Accountingprose LLC “AS IS,” and is intended for informational purposes only. It does not constitute legal, accounting, or tax advice, nor does it create an attorney-client relationship. Because laws are constantly changing, we do not represent or warranty that the content is comprehensive of all applicable laws and regulations, and/or accurate as of the date of use. You are solely responsible for complying with all applicable laws and regulations. Accountingprose LLC expressly disclaims any liability associated with your use of the content, and/or your noncompliance with applicable laws and regulations.
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