New York Laws Regarding Translating Employee Materials

New York Laws Regarding Translating Employee Materials

In New York, there is no specific law that explicitly mandates that an entire employee handbook be translated into another language. However, there are several statutes and regulations that require certain policies, notices, or materials to be provided in an employee’s primary non-English language. Employers with a non-English speaking workforce should pay attention to these, both for legal compliance and risk mitigation.

Statewide Requirements in New York

1. Wage Theft Prevention Act (NY Labor Law § 195, Notice & Record-Keeping Requirements)

• At the time of hire, employers are required to provide each employee with a wage notice in writing that includes rate(s) of pay, pay basis, pay day, employer name, addresses, phone number, and any allowances claimed (tips, lodging, etc.).
• This notice must be in English and in the employee’s primary language (i.e. the language identified by the employee as their primary language).
• If the Department of Labor has made a translation available in that language, the employer must use that translation. If not available, providing the notice in English is acceptable.
• The employer must also obtain a signed acknowledgment of receipt in both English and the primary language; this must be kept for six years.

Click here for the NYS Wage Theft Prevention Act notices.

2. Sexual Harassment Prevention / Policy, Notice, and Training (NY Labor Law § 201-g)

• Employers must provide employees with a written sexual harassment prevention policy, include it in the handbook or otherwise distribute it, and provide annual training.
• New York State requires that the materials be provided in English and in the employee’s primary language for certain languages. New York has the training in multiple languages, and the employer must provide the notice, policy, and training in both English and that primary language. Click here for the NYS Combat Harassment Translations.

3. Other Employment Notices / Postings

• New York State requires that certain postings or policies (for example, rights to express breast milk in the workplace) be made available in multiple languages. The State’s posting requirements include making some policies available in additional languages; e.g., NYSDOL’s “Policy on the Rights of Employees to Express Breast Milk in the Workplace” is made available in 16 languages.

New York City Requirements

While all State laws apply across NYC, there are also city-specific rules to be aware of.

NYC Office of Labor Policy & Standards (OLPS) “Required Notices / Postings” Translations

• Under NYCRR / NYC law (OLPS laws & rules), for any notice that is required by OLPS law or rules, the employer must post or provide the notice in English and any language spoken as a primary language by at least 5% of the employees at that location, provided that the Director has made the notice available in that language.
• If the notice is not created by the OLPS but is required to be provided or posted under its laws or rules, then it must be in English and any language the employer customarily uses to communicate with the employees at that location.
• The notice, policy, or other writing must be provided in a way that ensures personal receipt by the employee.

1. “Know Your Rights at Work” Poster / Multilingual Workers’ Rights Info

• Under Local Law 161 of 2023, NYC employers must provide their employees with a multilingual “Know Your Rights at Work” poster.
• This poster is to be posted visibly in the workplace, given to each new employee on or before their first day of work, and made available via employer communication channels (email, intranet, etc.).

So, why do employers often translate handbooks when they are not required to? Even where the law does not explicitly require translation of an entire handbook, there are compelling reasons to do so, such as:

• To ensure employees properly understand their rights and obligations (disciplinary procedures, grievance procedures, leave policies, safety).
• To avoid enforceability issues: if a policy is only in English and an employee could not reasonably be expected to understand it, it will be more challenging to use that policy as the basis for discipline when defending against a lawsuit.
• To reduce risk of claims under Title VII/national origin discrimination, OSHA, or state human rights law.
• To improve morale, reduce misunderstandings, improve safety.

Here’s what employers in NYS/NYC should consider doing to ensure legal compliance and reduce risk:

1. Identify Employees’ Primary Languages
   At hiring, ask what their primary language is, particularly if it’s one of the languages listed in NY State’s harassment law or in available wage notice translations.
2. Check Which Required Policies/Notices Must Be in Other Languages
3. Use State-Provided Translations When Available
4. Translate Key Handbook Sections / Policies
5. Obtain Signed Acknowledgments in both English and the translated primary language.
6. Ensure Postings Are Visible and Accessible
7. Monitor Changes in Law / State Guidance

In conclusion, in NYS and NYC:

• You must provide certain employment materials, notices, and policies in both English and in non-English languages under specific conditions (employee’s identified primary language, where translations are available, or where city thresholds are met).
• Some policies are clearly mandatory for translation (wage notices, harassment prevention, certain postings).
• Translating a full handbook is not universally required under law, but parts of it may be required, and doing the full translation may help minimize legal risk, improve compliance, and support a more inclusive workplace.

Contact Rimon Law if you have any questions.

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.