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Summary of differences between federal and state regulations
In addition to required federal postings, employers in New York must also post:
| Posting Title | Who must post? |
| Minimum Wage | All employers |
| Discrimination (Bilingual) | All employers, including public employers |
| Licensure & Employment of Persons Previously Convicted of One or More Criminal Offenses (Article 23-A) | All employers |
| Permitted Working Hours for Minors | All employers |
| Time Allowed Employees to Vote | All employers |
| Veterans Benefits | Employers with more than 50 full-time employees |
| Notice of Employee Rights, Protections, and Obligations Under Labor Law Section 740 (Whistleblower posting) | All employers |
| HERO Act (Airborne infectious disease exposure prevention plan must be posted when required by New York State Commissioner of Health due to risk of an airborne infectious disease) | Posting not currently required |
| Paid Family Leave (Must be supplied by an employer’s insurance carrier or the Workers’ Compensation Board) | All employers |
| Workers’ Compensation and Disability Benefits (Notice of compliance or certificate of insurance must be obtained from an employer’s insurance carrier) | Employers with workers’ compensation insurance |
| Unemployment Compensation (Employers must be registered to receive the official notice from the state) (Call the New York State Department of Labor at (518) 485-8589 for more information) | All employers |
| Leave of absence for blood donation (Must be provided rather than posted) | Employers with 20 or more employees at least one site must provide written notice. May be provided in a handbook |
| Right of nursing mothers to express breast milk (Employers must provide employees with a policy via email or with a printed copy) | All employers must provide notice. This notice may be provided in a handbook |
State
Contact
For links to workplace posters, see the:
New York State Department of Labor website,
Employment Laws/Labor Standards website,
Division of Human Rights website,
Board of Elections website,
Construction Industry Fair Play Act website,
Commercial Goods Transportation Industry Fair Play Act website, and the
Department of Health website.
Federal
Federal laws require the posting of workplace posters. These posters relate to a variety of subjects. Some posters must be displayed by all employers, while others are only for employers that meet certain requirements. For example, public employers may have different posting requirements than private employers, and employers in certain industries may have additional posting requirements.
In general, all private employers must post:
- The Employee Polygraph Protection Act notice
- "Job Safety and Health: It's the Law" (Occupational Safety and Health Act/OSHA)
- "Employee Rights Under the Fair Labor Standards Act" (FLSA/Minimum Wage)
- "Your Rights Under USERRA" (Uniformed Services Employment and Reemployment Rights Act)
Employers with 15 or more employees must also post:
Employers with 50 or more employees must also post:
Employers participating in E-Verify must post:
- The English and Spanish participation notice and the Right to Work Poster in English and Spanish.
Certain federal contractors must post the postings required by their contract. This may include:
- "Employee Rights on Government Contracts" (Service Contract Act, Walsh-Healey Public Contracts Act)
- “Employee Rights Under the Davis-Bacon Act”
- "Employee Rights Under the National Labor Relations Act"
- "Equal Employment Opportunity is the Law"
- “EEO is the Law” Poster Supplement
- “Pay Transparency Nondiscrimination Provision”
- Worker Rights Under Executive Order 13658 (minimum wage)
- Worker Rights Under Executive Order 13706 (paid sick leave)
All employers with 10 or more employees in the previous year must post the following form from February 1 through April 30 of the year following the year covered by the form:
- Log of Work-Related Injuries and Illnesses (OSHA Injury and Illness Recordkeeping Form)
All employers who employ nonimmigrant foreign, agricultural workers on a seasonal basis are required to post:
- The "Employee Rights Under the H-2A Program" poster (The Immigration and Nationality Act (INA) poster)
All employers who employ migrant and seasonal farm workers are required to post:
- The "Migrant and Seasonal Agricultural Worker Protection Act" notice (MSPA)
Every employer of workers with disabilities under special minimum wage certificates authorized by the Fair Labor Standards Act (FLSA), McNamara-O'Hara Service Contract Act (SCA), and/or Walsh-Healey Public Contracts Act (PCA) must post:
- "Employee Rights for Workers with Disabilities Paid at Special Minimum Wages" (FLSA section 14(c))
Contact U.S. Department of Labor
Regulations
Fair Labor Standards Act (minimum wage, overtime) 29 CFR 516.4
Employee Polygraph Protection Act (EPPA) 29 CFR 801.6; 801.42
Family and Medical Leave Act (FMLA) 29 CFR 825.300
www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf Equal Employment Opportunity Commission (EEOC) (anti-discrimination laws such as the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, and) ADA 29 CFR 1627.10; 29 CFR 1601.30
www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf
Occupational Safety and Health Administration (OSHA) 29 CFR 1903.2
Occupational Illness/Injury (Log of Occupational Illness/Injury Form 300A) 29 CFR 1904.43
Public Contracts (Walsh Healey) Act 29 CFR 4.183
Special Minimum Wage (SCA and/or Walsh Healey) 29 CFR 525.14
Public Construction (Davis Bacon Act) 29 CFR 5.5(a)(1)(i)