Labor law posters provide employees with information about federal and state employment laws such as minimum wage, workplace health and safety, anti-discrimination, paid leave, workers’ compensation, and unemployment insurance. These posters generally must be displayed conspicuously in an area frequently visited by employees in the workplace, typically a break room or cafeteria. Failure to display labor law posters can result in steep penalties, fines, and legal consequences.
How can employers provide this required information if employees are not on-site to see the posters? The solution is digital labor law postings. Whether the notices are posted on a company website, company intranet, or provided via email, digital postings can ensure employees who never or rarely visit a physical worksite are aware of important employment laws.
When Can Employers Use Digital Labor Law Posters?
The federal Department of Labor’s Electronic Posting Bulletin guides employers regarding digital labor law postings.
When your entire workforce is remote, electronic labor law posters fulfill compliance obligations provided that:
- All employees exclusively work remotely,
- Employees customarily receive information from the employer via electronic means, and
- Employees have readily available access to the electronic postings at all times.
Employers with both remote and on-site workers must:
- Provide electronic postings for remote workers, and
- Display physical copies of postings in the workplace for the on-site employees.
Maintaining Digital Labor Law Poster Compliance
Employers typically satisfy labor law posting mandates by placing posters in areas of the workplace where employees can easily view them. Remote employees need to have access to these posters in a similarly readily available way, meaning that they can access the notices at any time without having to request permission.
Uploading posters to an accessible electronic location such as a company website, company intranet, or employee portal is acceptable. However, remote employees must be aware of the location. It’s advisable to have your company website, intranet, or employee portal appear automatically on employees’ computers upon sign-in or ensure employees are informed of how to access them.
Another option is to email posters to remote employees. This may be best for one-time notice requirements and employees who regularly receive emails from their employers.
Some employment laws, such as the Employee Polygraph Protection Act (EPPA) and Family and Medical Leave Act (FMLA), require postings to be visible to both applicants and employees. When all hiring practices are completed remotely, it’s permissible to use electronic postings, like an employment application portal or applicant tracking system, to fulfill posting mandates for these laws.
Though labor laws don’t require employers to obtain confirmation that remote employees have viewed the posting, it’s good practice to do so. Any form of electronic proof that the information was received will suffice. Ensuring your employees have been provided with labor law information can reduce your legal liability if an employee claims they weren’t aware of an employment law or if your posting compliance is ever questioned.
Guidelines for Digital Labor Law Posters
Digital postings help keep employees informed of labor laws and ensure the employer is compliant with labor law posting mandates. Follow these key guidelines to maintain full compliance:
- Ensure Accessibility: Employees should have easy and continuous access to digital notices through a central platform.
- Use Electronic Communication: For remote teams, share notices through established digital channels like email or a company intranet.
- Use E-signature for Acknowledgement: Evidence that remote employees have received labor law postings can help reduce liability.
- Keep Information Clear: Organize notices logically so employees can quickly find relevant information and updates.
- Combine Digital and Physical Postings: For hybrid teams, use both electronic and hard-copy postings to ensure everyone stays informed.
What Employers Need to Know
Employers have a legal obligation to inform all employees, both on-site and remote, of federal and state employment laws. To ensure labor law compliance, employers must provide remote employees with digital labor law posters in a manner that is readily available to them while hard-copy posters must be displayed for on-site workers.
LaborLawCenter offers comprehensive labor law posters and compliance services to businesses of all sizes. Our e-Compliance Digital Poster Service ensures remote employees receive mandatory federal, state, and OSHA labor law posters. With a compliance and satisfaction guarantee, we are committed to being your partner in workplace labor law compliance.
