Employer Guidance on posting Labor Law Posters for Remote Employees
In most physical workplaces, employers have a labor law bulletin board – a board located in a conspicuous spot such as a break room or lunchroom where required labor law posters can be “clearly seen” by employees. Employee access to such posters is mandated by federal, state, and sometimes local law. By displaying these notices, employers ensure that employees are informed of their rights, which may reduce lawsuits and minimize employee disputes and grievances. This in turn can have a direct impact on workplace culture, employee productivity, and a business’s bottom line.
Over the last two years, however, many employers have transitioned to fully remote or hybrid workplaces, forcing many companies to revisit this issue and to consider how to get required information to employees who are not physically traveling to an office. The United States Department of Labor (DOL) Wage and Hour Division has issued guidance on complying with its notice and posting requirements when employees are working remotely. Although applicable only to DOL Wage and Hour postings, the DOL bulletin provides guidance as to how employers may comply with all notice and posting requirements in a remote environment.
Among other provisions, the guidance outlines when employers are permitted to disseminate the required poster information exclusively in electronic form. Employers may satisfy one-time notice requirements by e-mail delivery if employees customarily receive e-mails from the employer. For continuous-posting requirements, however, physical posters still are required for onsite employees, and the DOL encourages electronic posting for the teleworking employees. Employers with an entirely remote workforce may satisfy continuous-posting obligations using electronic-only means if all employees customarily receive information from the employer via electronic means and have readily available access to the electronic posting at all times. Employers with remote or hybrid workforces who are considering electronic posting should consider designing an easily accessible space in the company intranet or employee portal for workplace federal and state posters. Importantly, the employer should announce to all employees how to access that information.
Finally, it is important to keep current with any changes to the posters. Updates are issued periodically, and it is imperative that employers post the updates immediately upon their release. This will ensure compliance and will make certain that employees have access to the most current information that affects them.
As part of the comprehensive tools and resources available to Members, MEA provides electronic Federal and State specific labor law postings for all 50 states in our Member Help Center at no cost.
*This Alert is provided for general informational purposes only and does not constitute legal advice.