While labor law posters in the break room remain a necessity, the rise of remote work means employers need to do more than just post them on-site. Remote employees have the same rights to receive labor law notices as their in-office counterparts, so simply placing posters in a physical location no longer meets all legal obligations.
This has led many employers to ask, “Is it enough to email notices or provide links to my company website to meet federal, state, city, and county requirements?”
Are Electronic Posters and Notices Enough?
Most labor law poster regulations were established before the internet became common in the workplace, and long before remote work was widespread.
However, federal guidelines, including those from the United States Department of Labor (DOL), indicate that notification via electronic means may satisfy the requirements for remote workers—provided certain conditions are met.
The DOL advises that “Where an employer has employees on-site and other employees teleworking full-time, the employer may supplement a hard copy posting requirement with electronic posting”. However, the DOL goes on to outline specific requirements, such as:
- For posters requiring “continuous posting,” email a PDF or a link via email isn’t sufficient. Employees must be able to easily locate and review notices.
- Posters and notices must be available to employees without requiring them to request the information from their employer.
- If an intranet is used to provide remote employees with access to such posters and notices, the intranet must also be a common and frequently used location for company information. Posting notices on a rarely used internal company website won’t suffice.
States often follow the Federal Department of Labor or look to each other for guidance. Some states already accept electronically distributed notices. For example:
- The California Pregnancy Disability Leave poster requirements, which state “ Electronic posting is sufficient to meet this posting requirement as long as it is posted electronically in a conspicuous place or places where employees would tend to view it in the workplace.”
- California’s COVID-19 Supplemental Paid Sick Leave poster requirements, which state, “If a hiring entity’s covered workers do not frequent a workplace, the hiring entity may satisfy the notice requirement by disseminating notice through electronic means.”
The Legal Industry Supports Electronic Distribution
Electronic distribution of labor law notices to fully remote workers is also supported by the legal industry. Legal practitioners specializing in employment law suggest that using electronic means to distribute required notices is the best way to comply with state and federal posting requirements for fully remote employees and reduce compliance risks.
Establishing Proof in the Event of a Dispute
Legal experts recommend that employers maintain proof of electronic distribution as evidence of their good-faith efforts to comply with relevant labor laws and share important employee rights information as required.
However, relying solely on emails or intranet postings presents challenges. One challenge is that it’s difficult to manage and keep up with all the required notices and changes. Another challenge is that in the event of a labor dispute, the burden is on the employer to prove that notices were properly distributed, and employees were properly notified. As highlighted by the National Law Review, “Employers may want to consider providing a manner for employees to acknowledge receipt of the posted information to ensure they are fulfilling their obligations.”
Digital Labor Law ePoster Center Helps Employers Comply with Requirements, Including DOL Guidelines
Inova’s Digital Labor Law ePoster Center provides access to labor law notices for all 50 states, the District of Columbia, and Puerto Rico. Mobile and smartphone-friendly, it provides employers with a simple link that’s always kept up to date with the most recent versions of labor law notices to ensure remote employees stay compliant. For businesses that don’t have a frequently trafficked intranet site, Inova’s Digital Labor Law ePoster Center serves as simple, affordable, ADA-compliant solution.
Learn more or get started today!
Not Legal Advice
While we believe this information to be accurate, it should not be used as legal advice. It’s the employer’s responsibility to consult attorneys and solicit legal advice to determine the most appropriate solution for their business circumstances in the jurisdictions within which they operate.
