When are electronic postings required?
 
When all employees work remotely, the Department of Labor (DOL) says a business can use electronic postings to satisfy posting requirements. Essentially, they are required if everyone is remote. The DOL also notes that, for electronic posters to be compliant, employees need to have readily available access to them. In addition, workers need to usually get information electronically.

Some of our employees are remote and others are in the office. Do we need electronic posters?
 
The DOL encourages the use of electronic posters in this situation but doesn’t require them. It’s certainly a best practice to make them available, as they’re a great way to show that you’re providing workers with information about their rights. In addition, they might be required under a state law. At the office, you’ll need to display paper posters
 
Which electronic posters do we need?
 
All employees need access to federal postings. They also need access to state and local postings that relate to where they are working, so if they work from home they need to have access to posters for the state (and maybe the city) they live in.
 
Our employees work at a customer’s location. Do they need electronic posters?
 
If employees have access to the paper posters at the customer’s location, that should satisfy your posting obligations. You’ll want to make sure the posters are up-to-date and that all required postings are displayed. If the customer’s posters are in an area your employees can’t access, work with the customer to see if you can put up a set of posters in a place where they’re visible to your employees.
 
How quickly do employees need to receive their electronic posters?
 
There is no specific time frame or grace period for providing electronic posters to remote employees. If all workers are remote, it’s best to make the effort to provide them as soon as possible and document your efforts. When some workers are remote, and electronic posters aren’t required, it’s still a good idea to provide access as soon as you can. This shows a good faith effort to make all employees aware of their rights. (JJ Keller)
 
As many of our organizations have been implementing and utilizing remote worker options, we cannot forget the requirements for labor and employment law posters.  Local, State and Federal laws have different requirements and definitions for remote workers.
 
Broad Definition of Remote Workers:
·         Works at home
·         Does not report to a physical job site
·         Is an employee
 
Other Considerations:
·         Independent Contractors: Organization is not required
·         Digital Nomads: Organization is not required
·         Gig Workers: Depends on payrolling of the individual
·         Temporary Workers: Depends on payrolling
·         Workers on site at customer’s office: If the customer’s office has posters, more than likely no, but you do want to work with the customer to ensure compliance.
 
General Posting Requirements:
·         Visible
·         Conspicuous Location
·         Readable
·         Not Defaced
·         Post Where Employees Report to Work Each Day
 
Remote Workers with Internet Access:
·         Internal website link
·         Conspicuously Displayed: Ensure it is easy to find on your intranet portal and not buried in folders.
·         Ensure workers are aware of how to access
·         Make remote workers aware of their rights
·         Can send them their own set of posters
·         Electronic posters = best practice
·         Still need paper posters at main office and other locations
 
EEOC: In most cases, electronic posting supplements physical posting but does not itself fulfill the employer’s basic obligation to physically post the required information in its workplaces.
 
The majority of the agencies, laws and regulations were written prior to the remote work became a popular model for organizations to implement.  However, there are a few federal and state laws that have implemented electronic posting language.
 
·         USERRA Notice: May be posted or distributed in other ways.
·         FMLA Notice: May be distributed electronically if all other requirements are met.
·         EEOC: employers are encouraged to post the electronic notice on their internal websites in a conspicuous location
·         Colorado Paid Leave, Whistleblowing & PPE: Provide through electronic communication, or conspicuous posting in the web-based platform
·         FFCRA: An employer may also directly mail the required notice to any employees who are not able to access information at the worksite, through email, or online.

Other Considerations:
 
·         Traveling Workforce: Cleaning Crews, Landscapers, etc. 
·         Create Binders of PDF postings or work with your poster provider
 
These are a few thoughts on the evolving labor and employment law posting requirements throughout the country.  There are a number of changes expected at the end of 2021 and early 2022.  Ensure you are monitoring for changes to Paid Sick Leave posting requirements in New York State.  I am happy to work with any organization to ensure you are compliant with posters, remote worker options, intranet options and creating PDF binders for work vehicles.  We can design a process that will ensure legal compliance.  I do suggest semiannual audits to all posters throughout the workplace.
 

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