The Bottom Line
- By July 1, 2024, all New York City employers must post in an easily visible place and individually distribute to each employee a "Know Your Rights at Work" poster.
- If employers communicate with employees online or via mobile application, they must also make the poster available on that platform.
- Violations of the law are subject to a civil penalty of $500 per violation.
By July 1, 2024, all New York City employers must (i) post in an easily visible place and (ii) individually distribute to each employee a "Know Your Rights at Work" poster created by the Department of Consumer and Worker Protection (DCWP). As required by the Workers' Bill of Rights Law passed late last year, DCWP created the poster in consultation with the New York City Mayor's Office of Immigrant Affairs (MOIA) and the City Commission on Human Rights (CCHR). The multilingual poster includes a QR code, which directs individuals to the comprehensive Workers' Bill of Rights hosted on DCWP's website.
The Workers' Bill of Rights includes information on rights enforced by DCWP, like Paid Safe and Sick Leave, the Temporary Schedule Change Law and the Commuter Benefits Law, as well as rights enforced by other state and federal agencies, such as minimum wage and the right to unionize. The site also includes information about whom to contact for more information or with questions and how to file a complaint.
Notably, the Workers' Bill of Rights provides information applicable to independent contractors; however, employers' obligation to individually distribute posters is limited only to employees.
More Details About the "Know Your Rights at Work" Poster Requirements
- In addition to providing the poster to current employees by the July 1 deadline, employers must also provide the poster to each new employee hired on or before the employee's first day of work.
- To the extent an employer regularly communicates with employees online (e.g.,through a web portal or intranet) or via mobile application, the employer must also make the poster available on that platform.
- Employers are required to provide the information contained in the poster to employees in English and any language spoken as a primary language by at least 5% of employees (but only if DCWP has made the information available in that language, which it has done for 11 languages in addition to English as of the date of this alert).
- Per the City's press release about the law, DCWP, MOIA and CCHR will be conducting outreach to workers about their rights and to employers about their responsibilities under the new law.
Enforcement and Penalties
DCWP is charged with enforcing this law. Employees will also be able to file complaints online and via 311 regarding employers that have not made the poster available in compliance with the law.
Any employer that violates the law is subject to a civil penalty of $500 per violation, except that with respect to a first violation, an employer will receive notification from DCWP and be given 30 days to correct the violation. Employers will also be given an opportunity to contest DCWP's finding of a violation, to the extent that they disagree with the determination of non-compliance with the law.
Next Steps for Employers
Employers should begin making plans to comply with the law in time for the rapidly approaching July 1 deadline. This includes identifying a physical posting location (employers that are complying with posting obligations under other laws will likely already have such a location established) and creating a distribution plan to ensure that all employees receive the poster in a timely fashion. With respect to individual distribution of the posters, employers should strongly consider requiring signed acknowledgments of receipt from employees or maintaining records of the distribution in the event there is a subsequent question of whether the employer complied with the distribution requirement. Finally, employers should be sure to add this poster to onboarding materials so that new employees receive the required information on or before their first day of work.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.