Since more employees are working remotely due to COVID-19, the federal government issued a field bulletin to inform employers about using email or company intranet to provide labor law postings for employee rights. The federal government confirms that in most cases, the electronic postings can be provided in addition to the physical posters but doesn’t replace it completely. Regardless, whether the employer sends the labor law postings out via internet or with a physical poster, it is the employer’s responsibility to provide these notices to all employees applicable.

The federal labor law postings that this Field Assistance Bulletin concerns are the following:

  • FLSA - Fair Labor Standards Act – Federal Minimum Wage
  • FMLA – Family and Medical Leave Act
  • Employee Polygraph Protection Act
  • Service Contract Act (only applicable to contractors or subcontractors)

These are the conditions the employer has to meet for electronic posters to be considered compliant:

  1. All of the employees exclusively work remotely
  2. All employees regularly communicate via electronic means
  3. All employees can access the electronic posting at all times.

If the employer has both on-site and teleworking employees, they should supplement the physical posting with an electronic posting.
The posting requirement for the federal postings should make the notices accessible at all times, so employees shouldn’t need to specifically request permission to view a file or access a computer in order to read the postings.
The employer also needs to inform employees of where and how to access the notices specifically, similar to the way notices on a physical poster MUST be displayed in a conspicuous location.

Where can I get electronic notices for the labor law postings?

All In One Posters provides an option called E-Posters, which are the State and Federal labor law notices in a PDF format. We sell Electronic Posters on our website, which you can find here: https://www.allinoneposters.com/Labor-Law-Poster/Electronic-Posters
Or you can purchase a compliance plan to cover 1, 2, or 3 years and we will automatically send out new Electronic Posters every time a mandatory change occurs for State or Federal laws: https://www.allinoneposters.com/Subscription-Plans/Electronic-Poster-Plan
You can read some additional information on our Electronic Posters on the website or in this blog post explaining the difference between our physical laminated posters and the electronic posters. https://allinonelaborlawposters.wordpress.com/2021/03/01/providing-remote-employees-with-digital-labor-law-posters/
Source: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fab_2020_7.pdf

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