Your staff will have questions about their sick leave rights, and without the official New York Paid Sick Leave Poster visibly displayed, you risk employee confusion and costly non-compliance violations from the New York State Department of Labor. This mandated notice, also called a sick leave rights poster, must be posted in a conspicuous location in your Rochester restaurant. Key facts:
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The New York Paid Sick Leave Poster is a mandatory workplace notice required under the New York State Paid Sick Leave Law (NY Labor Law § 196-b). This state law, effective 2021, mandates that nearly all private employers provide paid sick leave to employees and conspicuously display a poster explaining these rights. While Rochester does not have a separate local poster requirement, businesses within the city must comply with this state-level mandate. The poster's content is prescribed by the New York State Department of Labor (NYSDOL), which is the issuing authority for this requirement.
Failure to post the required notice can trigger investigations and significant penalties. Based on enforcement actions by the NYSDOL and related wage law statutes, consequences include:
Legal code: State minimum wage law, earned sick time law, tip law, workplace poster statutes, prevailing wage law
Recent update: As of 2026, the New York State Department of Labor has not issued an updated version of the Paid Sick Leave poster; employers must ensure they are displaying the current official notice as provided on the NYSDOL website.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for all employers under the New York Paid Sick Leave Law (N.Y. Labor Law § 196-b), as these establishments are for-profit businesses with employees. |
| Bar / Nightclub | Required | Required, as these establishments are for-profit businesses with employees, subject to the state law's universal coverage for all private-sector employees. |
| Food Truck | Required | Required, as food trucks are for-profit businesses with employees, and there is no exemption for mobile operations under the law. |
| Coffee Shop / Café | Required | Required; the law applies regardless of business size, so even single-employee coffee shops must provide and post the notice. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the exact legal name of your business as it appears on your official tax or corporate documents with the state of New York.
COMMON MISTAKE: Using a DBA, trade name, or abbreviation instead of the registered legal name, which can cause confusion with New York Department of Labor (NY DOL) enforcement.
Select 'Yes' if your business currently employs any individual in New York State, as the paid sick leave law applies to virtually all private employers with employees working in the state.
COMMON MISTAKE: Selecting 'No' when you have even one part-time or temporary employee in New York, which is a direct violation of the NY Paid Sick Leave Law (§ 196-b).
Enter the total number of individuals employed in New York State; this determines your sick leave accrual rate (1 hour per 30 hours worked for larger employers vs. 40 hours of pre-set leave for small employers).
COMMON MISTAKE: Counting only full-time workers and excluding part-time, seasonal, or temporary staff, leading to incorrect accrual calculations and potential NY DOL fines for under-provision of leave.
Select the primary languages spoken by your workforce; the NY DOL mandates that if at least 5% of employees speak a language other than English, the poster must be provided in those languages.
COMMON MISTAKE: Only selecting 'English' without verifying if 5% or more of the workforce primarily speaks another language, resulting in non-compliance with NY Labor Law § 201-g.
Answer 'Yes' if you identified non-English primary languages spoken by 5% or more of your workforce, triggering the requirement to post and provide notices in those additional languages.
COMMON MISTAKE: Answering 'No' when the language threshold is met, which is a common cause of NY DOL citations during audits.
Confirm you have accessed the official NY Department of Labor website to download the current poster, as using outdated or third-party versions is non-compliant.
COMMON MISTAKE: Downloading posters from unofficial sources that may contain outdated information, invalidating your compliance effort.
Confirm you have successfully downloaded the official 'Earnings and Paid Sick Leave' notice (NYS-1209.2) from the NY DOL website to ensure you have the legally required document.
COMMON MISTAKE: Assuming a poster from a prior year is still valid; you must use the current version posted by the NY DOL.
Enter the physical street address of the Rochester establishment where employees report for work and where the poster will be displayed.
COMMON MISTAKE: Entering a P.O. Box or corporate headquarters address instead of the specific worksite address where employees can see the poster.
Describe the exact, conspicuous location within the workplace (e.g., 'Employee break room bulletin board next to time clock' or 'Kitchen hallway near schedules').
COMMON MISTAKE: Vague descriptions like 'in the back' which do not demonstrate definite placement in an area frequented by employees, as required by NY law.
Confirm the posted notice is in a location accessible and visible to all employees during all work hours, including remote or hybrid workers who must receive a digital copy.
COMMON MISTAKE: Posting only in a manager's office or an area customers frequent but employees do not, failing the 'accessible to employees' requirement.
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Posting the 2023 or earlier version of the New York State Paid Sick Leave poster, which does not include current law references or the correct accrual and use rules. This is the most common compliance failure identified by the New York Department of Labor. It's a direct violation that can lead to fines during a routine inspection. To avoid, download the mandatory poster directly from the New York DOL website each year; do not rely on cached copies or templates from other sources.
Placing the poster in a back office, break room only managers use, or another area not 'conspicuous and accessible' to all employees as required by NY Labor Law § 196-b. If employees cannot easily see it during their workday, the posting is invalid. This mistake is frequently cited in employee complaints. To avoid, post it in a common area like the kitchen, near time clocks, or next to other legally required postings where all staff, including part-time and non-English speaking employees, will see it daily.
Only posting the English version when you have employees whose primary language is not English. New York DOL regulations require the poster to be provided in the employee's primary language if the DOL has published a translation. For many Rochester kitchens with Spanish-speaking staff, this means posting both English and Spanish versions side-by-side. Posting only in English creates a barrier to understanding rights and is a common oversight that can invalidate the posting requirement for those employees.
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| City | Fee Range | Timeline |
|---|---|---|
| Buffalo | ||
| New York City | ||
| Rochester |
Gather your legal business name, address, and employer identification number. Calculate the size of your workforce to determine the exact leave entitlement under the New York Paid Sick Leave Law: 1 hour of leave for every 30 hours worked (up to 40 hours/year) for small employers with 4-99 employees, or up to 56 hours/year for employers with 100+ employees. Misclassifying your workforce size is a common error that leads to non-compliant posters and potential penalties.
Obtain the current "New York Paid Sick Leave" poster from the official New York State Department of Labor (NYSDOL) website. The poster is available in multiple languages. You must fill in the required blanks on the poster with your specific company information, including your business name and the contact details for where employees can direct questions or complaints. Using an outdated poster or failing to insert your company details will render your posting non-compliant.
Print the completed poster on standard letter-size paper (8.5" x 11") and post it in a conspicuous place at each worksite where employees can easily see it, such as a break room, time clock area, or near other required labor law posters. You must also post it digitally on your company intranet if you have one. Ensure it's placed alongside other mandatory New York and federal labor notices; posting it alone or in an obscure location fails to meet the legal posting requirement.
Applications go to the New York department of labor. Local procedures and fees may vary — select your city below.
This is one of 13 requirements for opening a restaurant in New York.
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See All RequirementsThere is no formal application or processing time for obtaining the official New York Paid Sick Leave notice poster. The timeline is immediate once you download it from the New York State Department of Labor (NYSDOL) website. You must post it in a conspicuous place as soon as you hire your first employee, per NYSDOL requirements.
The government filing fee for the New York Paid Sick Leave notice poster is $0, as confirmed by the NYSDOL fee schedule. The required poster is a free download from the NYSDOL website. You must pay any printing costs, and ensure you also have your required City Business License/Registration before opening.
No. The poster is a general notice of employee rights under state law and does not transfer as a permit. You must display a current copy at each separate worksite or location. If you move your business, you are responsible for obtaining a new Certificate of Occupancy and posting the sick leave notice again at the new address.
You do not renew the poster itself, but you must ensure you are displaying the most current version. The NYSDOL updates the poster when laws change, so it is your responsibility to check their website annually and replace outdated notices. Contact the NYSDOL to confirm the poster has not been revised.
There is no dedicated inspection solely for this poster. However, NYSDOL investigators may check for its proper posting during routine wage and hour audits or in response to employee complaints. They will verify it is the current version, displayed alongside other required workplace notices, in a location accessible to all employees.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For New York specifically, we have analyzed compliance dossiers for 3 cities (Buffalo, New York City, Rochester), generating Rich FILs (Form Intelligence Layers) with 15 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
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