Many businesses today allow employees to work remotely or in hybrid arrangements. While there are many benefits to these arrangements, it means certain employees may rarely (or never) set foot in a shared workplace where labor law posters are displayed. How can employers meet their legal obligation to notify remote/hybrid employees of their workplace rights? Fortunately, electronic labor law posters are a legally compliant solution to this challenge.
Let’s review the most common questions employers ask about labor law posters for remote workers.
Do I have to share labor law postings with remote employees?
Yes. Whether employees work onsite or offsite, you are required by law to share these federal labor law postings:
The same goes for mandatory state, county and city employment posters: If you’re required to display them for onsite employees, then you must share them with offsite employees, also.
Good news: Sending physical posters is not necessary! Still, you must communicate the same labor law rights to remote workers as you do to onsite workers. The U.S. Department of Labor (DOL) has ruled that electronic posters are an acceptable way to satisfy this legal requirement for remote workers.
A note of caution: Electronic labor law postings are not a substitute for wall postings. If you have a physical business location, you must display labor law posters where employees can easily view them — typically a breakroom, main hallway or near the time clock.
Do I need to send electronic labor law posters to remote workers who occasionally visit the office?
According to the DOL, if an employee reports to a company’s physical location at least three to four times a month, the physical postings at the business are adequate. If not, the DOL recommends electronic labor law poster delivery.
While state and local governments do not typically provide guidelines for sharing postings with remote workers, employment law experts advise that employers follow the DOL recommendation for all state, county and city postings, as well.
Something else to be aware of: Employers located in the state of New York are required to provide digital copies of labor law postings to ALL their employees, in addition to physically displaying the posters. More states are expected to pass similar requirements.
What postings are required for remote employees who live in different states from my business?
Most basic employment rights — like minimum wage, overtime pay and employee leave protections — are governed by the laws where employees perform the work. However, depending on your company structure, out-of-state employees may be covered by both states’ laws. Because there is no clear legal guidance on this, it’s wise to provide both sets of state-specific posters to remote employees who live in a different state.
Do I need to supply posters to remote job applicants, too?
Yes, employers are required to share certain labor law posters with job applicants, whether they apply in person or online. Of the six federally mandated labor law postings, three must be shared with job applicants: FMLA, EEOC and EPPA. The USERRA posting is also recommended for job applicants as a best practice because the law provides specific protection for applicants. In addition, half the states require applicant postings.
For online job applicants, the DOL recommends including a prominent notice where job postings are listed stating: “Applicants have rights under Federal and State/Local Employment Laws,” and provide a link to the required posters. Again, electronic labor law postings are not a substitute for wall postings. If applicants visit your business, you also need physical posters in a location where applicants can view them.
Is there a service that makes it easy to send electronic posters to remote employees?
Yes! We offer two digital posting services for remote worker compliance:
Poster Guard E-Service for Remote Workers and Intranet Licensing.
Both solutions provide employees with easy access to electronic labor law posters, either through email with the E-Service or via a custom link on your website with Intranet Licensing. Offsite workers can easily view and download all required federal, state, county and city postings, and will receive email notifications for every mandatory update. The E-Service option also records employee acknowledgments to confirm receipt of the mandatory postings – providing an extra layer of protection in case of a legal dispute.
