KEY TAKEAWAYS:

• New York City employers are now required to distribute the “Know Your Rights” notice to all employees and post a copy which includes a QR code and website link; New employees must receive the notice before their first day on the job

• Employers must post the “Know Your Rights” notice in an area that is easily accessible and visible to all employees

• Employers who fail to comply with these requirements face civil penalties from the DCWP

As of July 1, employers in New York City have new obligations set forth by the NYC Department of Consumer and Worker Protection (DCWP). Employers are now required to distribute the “Know Your Rights” notice to all employees and post a copy, which includes a QR code, and website link that sends employees to the DCWP Workers’ Bill of Rights page.

Employer Obligations

The DCWP requires employers to undertake the following actions:

Distribute the Notice:

• Employers must give each employee a copy of the “Know Your Rights” notice. This includes all current employees and any new hires.
• New employees must receive the notice before their first day on the job.

Conspicuous Posting:

• Employers must post the “Know Your Rights” notice in an area that is easily accessible and visible to all employees.
• Online or Mobile Application: If the employer regularly communicates with employees through online platforms or mobile applications, the notice must also be posted there.

Language Accessibility:

• Employers are required to post all available versions of the notice that reflect the primary languages spoken by at least 5 percent of the workforce at a specific location.

Penalties for Non-Compliance

Employers who fail to comply with these requirements face civil penalties from the DCWP. The penalties include fines of up to $500 for a first violation. However, the DCWP provides a grace period for first-time violators, wherein the commissioner will notify the business of the violation and request corrective action within 30 days.

Recommended Next Steps

To ensure compliance with the new regulations, employers should consider the following steps:

• Place the “Know Your Rights” notice wherever other required notices are posted in the workplace.
• Provide the “Know Your Rights” notice to all current employees.
• Include the “Know Your Rights” notice in the onboarding packets for all new hires.
• Retain records showing the date the company distributed the “Know Your Rights” notice to employees to ensure compliance during any inspections or audits by the DCWP.

If you have any questions about this development or how it impacts your business, please contact:

• Charles A. Lazo
• Scott R. Green
• Caroline J. Berdzik
• Or any other member of the Employment and Labor team