DOL Updates Guidance on Posting Notices for Remote Workplaces
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The U.S. Department of Labor’s (DOL) Wage and Hour Division has updated its guidance on complying with its notice and posting requirements for remote-working employees. For those businesses embracing a strategy of long-term remote work, this is welcome news.
Several federal laws make it mandatory for employers to post a notice of rights in a prominent location.
The affected laws
Employee Polygraph Protection Act (EPPA)
Service Contract Act (SCA)
Fair Labor Standards Act (FLSA)
Section 14(c) of the FLSA
Family and Medical Leave Act (FMLA)
Under normal circumstances, employers would satisfy this requirement by posting notices in breakrooms or other high-traffic areas in their workplace. However, the huge increase in remote work necessitated by the pandemic left many employers unsure of how to remain in compliance.
As a result, the DOL has clarified how employers can comply with posting requirements in a remote environment.
Action steps for your business
Dedicate space on your business’s intranet, employee network drive, or website for state and federal posters. Make sure it is easy for your employees to find - send them an email with the link to the virtual location of the posters, add it to your news bulletin, and put it on the intranet homepage so employees see it as soon as they log in.
If you are hiring remotely, add all relevant posters to your applicant portal and applicant tracking system.
If you have employees covered by different laws, ensure they are able to discern which posters are relevant to them.
Note that in most cases, electronic notices supplement, rather than replace, the requirement that employers post a physical notice. For hybrid workforces, ensure that notices are provided in both hard-copy and virtual formats.
Visit the DOL's FirstStep Poster Advisor page for help in determining which posters you need.
Remember, there are local and state guidelines as well; contact the relevant agencies for more information. The posting requirements for New York state can be found here.