The increasing popularity of remote work has presented both businesses and employees with legal issues. Though it offers significant benefits to both parties, it also presents questions regarding labor law compliance.
The Rise of Remote Employees
The COVID-19 pandemic significantly changed the work environment across all industries, particularly with the dramatic rise of remote workers. Though the percentage of remote workers has slightly reduced since then, remote work is still a highly sought-after benefit. According to the U.S. Career Institute, over 95% of workers want some form of working from home.
Since employees view remote work as a desirable benefit, employers can consider the remote work model as being advantageous for business. Here are a few key benefits:
- Access to a Larger Talent Pool: Remote work opens up opportunities to hire talented workers from outside the company’s local area, which often means more diverse skill sets and experience.
- Increased Productivity: The S. Bureau of Labor Statistics analyzed remote work statistics and total factor productivity growth over a three-year period concluding that a remote work model enhances productivity.
- Cost Savings: By offering remote work, employers can reduce costs associated with maintaining office space like rent, utilities, furniture, and office supplies. Further, since remote workers tend to be more satisfied with their jobs and overall healthier, the costs of employee turnover and health plans can decrease.
Are Labor Laws Important for Remote Employees?
Yes. Even though remote employees work outside of a physical worksite, employers must still provide information about federal, state, and local labor laws. Labor law posters provide essential information about workers’ rights and protections as well as foster a positive and transparent work environment.
Working remotely comes with its own set of unique challenges like managing flexible schedules, data security, and maintaining effective communication. By ensuring remote employees are aware of applicable labor laws, employers establish a basis for setting clear expectations and guidelines to safeguard employees.
Which Labor Laws are Required for Remote Employees?
Labor law posting requirements depend on federal, state, and local regulations that apply to your business. However, not all labor law posters will apply to remote workers. It’s important to consider every labor law poster required for your industry and determine which ones apply to remote workers.
The following federal labor law posters must generally be provided to all employees:
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- Equal Employment Opportunity (EEO)
- Employee Polygraph Protection Act (EPPA)
- Uniformed Services Employment and Reemployment Act (USERRA)
Each state has its own posting mandates for employment regulations including but not limited to:
- Minimum Wage
- Workers’ Compensation
- Unemployment Insurance
- Family and Medical Leave
- Anti-discrimination
Some local municipalities may also have their own labor laws required to be shared with all employees.
Maintaining Labor Law Poster Compliance for Remote Employees
Employers typically satisfy labor law posting mandates by displaying posters in areas of the workplace where employees can easily view them, such as a break room or cafeteria. Remote employees need to have access to these posters in a way that is similarly readily available, meaning that the employees can access the notice at any time without having to request permission.
Uploading posters to an accessible electronic location such as an internal company intranet or employee portal is acceptable. However, remote employees must be aware of the location. It’s advisable to have your company intranet or employee portal appear automatically on employees’ computers upon sign-in or make sure 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 for employees who regularly receive emails from the employer.
Though labor laws don’t require employers to obtain confirmation that remote employees have viewed the legal notices, 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
Electronic postings help keep employees informed of labor laws and ensure the employer is compliant with posting requirements. 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.
Remote work options offer an advantageous opportunity to both employer and employee with cost savings and employee satisfaction. With the proper tools, employers can ensure labor law posting compliance for remote employees. Understanding the posting mandates of all federal, state, and local employment laws will ensure your labor law compliance needs are fully satisfied.
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.
