The U.S. Department of Labor (DOL) recently provided guidance on complying with its notices and posting requirements when in a remote work environment.
(1) all of the employer’s employees exclusively work remotely,
(2) all employees customarily receive information from the employer via electronic means, and
(3) all employees have readily available access to the electronic posting at all times. This ensures the electronic posting satisfies the statutory and regulatory requirements that such postings be continuously accessible to employees. Where an employer has employees on-site and other employees teleworking full-time, for example, the employer may supplement a hard-copy posting requirement with electronic posting and the Department would encourage both methods of posting.
If an employer seeks to meet a worksite posting requirement through electronic means, such as on an intranet site, internet website, or shared network drive or file system posting, the electronic notice must be as effective as a hard-copy posting. As a number of the statutory provisions below require that affected individuals be able to readily see a copy of the required postings, where an employer chooses to meet a worksite posting requirement through electronic means, the same requirements apply in the electronic format. As a practical matter, a determination of whether affected individuals can readily see an electronic posting depends on the facts. For instance, the affected individuals must be capable of accessing the electronic posting without having to specifically request permission to view a file or access a computer.
Impacted Federal Posters:
- Fair Labor Standards Act
- Family and Medical Leave Act
- Section 14(c) of the FLSA
- Employee Polygraph Protection Act
- Service Contract Act
- Design an easily accessible space in your company intranet or employee portal for federal and state posters. “Consider making your company intranet or portal appear automatically on employees’ computers upon logging in,” he said.
- Use your employee handbook or handbook acknowledgment page to inform employees of the virtual location of postings.
- Incorporate all required notices in your applicant portal and applicant tracking system if hiring is conducted remotely.
Work with your labor poster provider and seek guidance with any questions or concerns related to remote postings. Remember, there are local and state requirements as well, with remote workers. I am happy to answer any questions regarding posting requirements.
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California Pregnancy Disability and CFRA Leave poster has been updated to reflect recent amendments to the California Family Rights Act (CFRA). A new law expands the definition of family member for CFRA purposes and also expands the CFRA to now apply to employers with five or more employees. This posting appears on the California Combination Poster, Part 2. This is a mandatory change.
California Industrial Welfare Commission Wage (IWC) Industry Wage Orders have been updated to reflect the 2021, 2022 and 2023 increases to the state minimum wage and revised updated meal and lodging credit amounts. The web address for computer software employees overtime exemptions has also been revised. This is a mandatory change.
Alaska Minimum Wage poster has been updated to reflect an increase in the minimum wage. The minimum wage rate will increase from $10.19 per hour to $10.34 per hour effective January 1, 2021. This posting appears on the Alaska Combination Poster. This is a mandatory change.
Oklahoma Workers’ Compensation poster has been updated to reflect a change to the state’s workers’ compensation law adding chiropractic services to allowable medical treatment. This posting appears on the Oklahoma Combination Poster. This is a mandatory change.
California Fair Employment poster has been updated to reflect recent amendments to the California Fair Employment and Housing Act. A new leave law amendment expands the definition of family member to include grandparent, grandchild, or sibling, and permits leave for certain military exigencies and also expands the law to now apply to employers with five or more employees. This posting appears on the California Combination Poster, Part 1. This is a mandatory change.