Home Office, No Need For Posters

Employers are not required to display workplace posters in the homes of remote workers. However, they are still responsible for ensuring that all employees are informed of their rights under state and federal employment laws. The U.S. Department of Labor recommends that employers with remote workers use electronic postings to satisfy this requirement. This can be done by sending each home-based employee a copy of the labour law poster or by posting the poster on a company intranet.

If an employee regularly visits an office, displaying the posters at the office will meet the employer's obligations.

If all employees work remotely, electronic posters are required

The U.S. Department of Labor (DOL) has issued guidance on posting notices for remote workers, which includes the following key points:

• If all employees work remotely, employers may use electronic postings to satisfy federal posting requirements. This is in addition to any physical postings that may be required at the employer's central workplace or headquarters.
• For electronic postings to be compliant, employees must have readily available access to the digital postings at all times.
• Employers must regularly communicate with employees electronically, and employees must be able to easily determine which postings apply to them.
• Employers must place notices in a conspicuous place, albeit electronically.
• The DOL provides free electronic copies of the required posters, and many are available in multiple languages.

Examples of Required Posters

• Fair Labor Standards Act (FLSA)
• Family and Medical Leave Act (FMLA)
• Occupational Safety and Health Act (OSH Act)
• Equal Employment Opportunity (EEO)
• Employee Polygraph Protection Act (EPPA)
• Service Contract Act (SCA)
• Uniformed Services Employment and Reemployment Rights Act (USERRA)
• State-specific posters

State and Local Requirements

It is important to note that the DOL guidance only applies to federal notices. State and local governments may have their own posting requirements, so employers should consult their state and local labor offices for more information.

If there is a mix of remote and on-site workers, notices must be posted electronically and in the physical workspace

When it comes to posting labor law notices, the U.S. Department of Labor (DOL) has specific requirements for employers with a mix of remote and on-site workers. In such cases, notices must be posted both electronically and in the physical workplace. Here are some key points to consider:

Posting Requirements for Mixed Workforces

• Physical Posters in the Workplace: When there is a mix of remote and on-site workers, employers must display labor law notices in the physical workplace. These posters should be placed in areas frequented by all employees, such as break rooms, lunchrooms, employee lounges, or near time clocks.
• Electronic Postings: In addition to physical posters, the DOL encourages employers to provide electronic postings for remote workers. This can be done through a company intranet or a shared network drive/file system.
• Accessibility: Electronic postings should be easily accessible to all employees at all times. This means that simply emailing the notices to employees is not sufficient.
• Applicant Access: Some notices, such as the Equal Employment Opportunity (EEO), Family and Medical Leave Act (FMLA), and Employee Polygraph Protection Act (EPPA) must also be accessible to job applicants.
• Language: If a significant portion of the workforce is not proficient in English, notices must be provided in the language spoken by the employees.
• Federal Contractor Requirements: Federal contractors have additional posting requirements. Certain notices, such as the federal contractor minimum wage poster and the pay transparency poster, can be displayed electronically or physically.

Best Practices for Electronic Postings

• Effectiveness: Electronic notices should be as effective as physical postings. Employees should be able to access the electronic postings without having to request permission or access a specific computer.
• Communication: Employers must inform employees about where and how to access the electronic postings.
• Applicability: Employees should be able to easily determine which electronic postings are applicable to them and their worksite.

Compliance and Penalties

• Compliance Assistance: The DOL provides resources like the elaws Poster Advisor to help employers determine which posters they are required to display.
• Penalties: Failure to keep labor law notices up to date can result in fines or employee lawsuits. Fines can vary depending on the poster and the agency, ranging from \$110 to \$10,000 per violation.

In summary, employers with a mix of remote and on-site workers must post labor law notices in the physical workplace and provide electronic access to these notices for remote workers. By following the DOL's guidelines and best practices, employers can ensure they are meeting their legal obligations and providing their employees with the information they need to know their rights.

Employers must inform all employees of their rights, regardless of where they work

In the United States, employers are not legally required to provide their employees with the option to work from home. However, employers do have a responsibility to inform their employees of their rights, regardless of where they work. This includes providing notices and/or posters in the workplace.

The U.S. Department of Labor provides free electronic copies of all required notices and posters, and many are available in multiple languages. Employers can use the elaws FirstStep Poster Advisor to determine which posters they need to display.

If employees are working remotely, the Department of Labor states that businesses may use electronic postings to satisfy federal posting requirements. This can be done by sending each home-based employee their own copy of the labor law poster or by posting the electronic labor law posters on a company intranet.

It is important to note that employers are not required to provide physical posters to remote workers. However, they are still obligated to ensure that all employees, regardless of where they work, are informed of their rights.

Employees have very few electronic privacy rights when working from home. Employers have the right to monitor the use of employer-provided equipment and computer networks, including websites visited, files, and work emails.

To protect their digital privacy, employees should find out what their employer is monitoring and avoid conducting sensitive business in those ways. Additionally, employees should be mindful of using personal equipment for work tasks, as this can also be monitored by employers in certain cases.

Overall, while there is no legal right to work from home, employers must still inform remote workers of their rights and can do so through electronic means if necessary.

The Department of Labor encourages the use of electronic postings for remote workers

The Department of Labor (DOL) encourages the use of electronic postings for remote workers. This is especially relevant in the wake of the COVID-19 pandemic, which saw a large number of employees working from home.

The DOL has issued a bulletin outlining the circumstances under which electronic postings are appropriate. These include:

• Employees must have easy access to the digital posting.
• Employers must regularly communicate with employees electronically.
• Employees must be able to readily determine which postings apply to them.
• Employers must put them in a conspicuous place, albeit electronically.

The bulletin also addresses the issue of remote workers and their rights. The DOL encourages employers to notify all employees of their rights, regardless of where they work. Using electronic postings shows that an employer has made a "good faith" effort to inform remote employees of their rights, should a dispute occur.

The DOL outlines three conditions that must be met for employers to satisfy posting requirements by delivering the posters electronically:

• All of the employer's employees work remotely.
• All employees customarily receive information from the employer via electronic means.
• All employees have readily available access to the electronic posting at all times.

The DOL also provides guidance for employers with a mix of on-site and remote workers. In these cases, the DOL encourages the use of electronic postings to supplement physical posters displayed in the office.

In addition, the DOL has specific requirements for the posting of federal workplace posters. These include the Fair Labor Standards Act (FLSA) Poster, the Family and Medical Leave Act (FMLA) Poster, the Occupational Safety and Health Act (OSHA) Poster, and the Employee Polygraph Protection Act (EPPA) Poster, among others. These posters must be displayed in conspicuous places where they are easily visible to all employees.

The DOL provides free electronic copies of all required notices and posters, and many are available in multiple languages. Employers can use the elaws FirstStep Poster Advisor to determine which posters they are required to display.

Physical notices are not required at the home of a single remote worker

The U.S. Department of Labor (DOL) requires employers to inform their employees of their rights by providing notices and/or posting them in the workplace. These notices must be displayed in a conspicuous place where they are easily visible to all employees. However, the requirement to post physical notices at the home of a single remote worker has not been added to any of the labor law notification regulations.

The DOL encourages employers to use electronic postings for remote workers. If all employees work remotely, electronic posters are required. An employer can satisfy the requirement by sending each home-based employee their own copy of the labor law poster or by posting the electronic labor law posters on a company intranet for them to access. This is because, when all employees work remotely, the DOL states that a business may use electronic postings to satisfy federal posting requirements.

Electronic postings are also required when employers have New York employees. The state mandates that employers make all posters available electronically, including federal, state, and labor law posters, as well as other information such as the payday notice, workers' compensation notice, and paid family leave notice. Additionally, Colorado requires employers to make the minimum wage and paid leave posters accessible to remote employees.

To limit liability, it is advisable to notify all employees of their rights. An employer is obligated to ensure that all employees, no matter where they work, are informed of their employment rights. Using electronic postings demonstrates a "good faith" effort to inform the remote employee of their rights, should an employee dispute occur.

The DOL provides free electronic copies of all required notices and posters, and many are available in multiple languages. Employers can download and print these posters from the DOL website.

Frequently asked questions