Are digital labor law postings compliant?
With more employees working remotely since the COVID-19 pandemic hit, the U.S. Department of Labor (DOL) a couple of years ago issued a field assistance bulletin regarding electronically posted notices of the:
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- Employee Polygraph Protection Act (EPPA)
- Services Contract Act (SCA)
Issued December 2020, the bulletin is meant to give staff of the DOL’s Wage and Hour Division guidance about enforcement policy.
“In most cases, these electronic notices supplement but do not replace the statutory and regulatory requirements that employers post a hard-copy notice,” reads a portion of the bulletin. “Whether notices are provided electronically or in hard-copy format, it is an employer’s obligation to provide the required notices to all affected individuals.”
Some federal postings require employers to “post and keep posted” notices at all times.
In those cases, federal officials will only consider digital postings an “acceptable substitute” under certain conditions:
- All employees exclusively work remotely
- All employees customarily receive information from the employer via electronic means
- All employees have easy access to the electronic posting at all times
If an employer has both on-site and off-site workers, companies may supplement hard-copy postings with the digital variety. The DOL encourages businesses to use both methods.
Please note: Providing digital labor law posters does not excuse employers from displaying updated labor law posters in physical locations.