The U.S. Department of Labor (DOL) has provided guidance on complying with notice and posting requirements for remote workers. This includes:
- Continuous Posting vs. One-Time Notice: Continuous posting requirements, such as those for the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA), differ from one-time notice requirements. For one-time notices, email delivery is acceptable if employees customarily receive emails from the employer.
- Employers with Partially Remote Workforces: For employers with some remote workers, physical posters are required for on-site employees, and electronic posting is encouraged for teleworking employees.
- Employers with Entirely Remote Workforces: Employers with an entirely remote workforce may satisfy continuous-posting obligations using electronic-only means if all employees work remotely, customarily receive information electronically, and have ready access to electronic postings.
- Access to Electronic Postings: Electronic postings must be readily accessible without needing permission. They can be on an internal or external website, shared network drive, or file system.
- Notification: Employers must inform employees about how and where to access the notices electronically.
- Visibility to Job Applicants: For laws like the Employee Polygraph Protection Act, which require posters to be visible to job applicants, electronic-only posting is allowed if the hiring process is remote and applicants have easy access to the electronic posting.
- Scope of DOL Guidance: This guidance applies only to posting requirements from DOL agencies and does not address rules enforced by other federal agencies like the Equal Employment Opportunity Commission or National Labor Relations Board. See more: https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/DOL-Issues-New-Guidance-Posting-Notices-Remote-Hybrid-Workplaces.aspx
