Remote Work: DOL Guidance on Posting Notices

In accordance with federal, state, and local laws, employers must display certain notices and posters in their workplaces that advise employees of their rights. Prior to the COVID-19 pandemic, employers were able to satisfy these notice requirements by posting the notices on bulletin boards that were easily accessible to employees working on site. Now, however, with more people working from home, complying with these requirements has become more difficult. If you are an employer struggling to comply with the notice and posting requirements in the world of remote and hybrid work, continue reading for the Department of Labor (DOL) guidance and suggested best practices.

What is a “Notice?”

Employers are required to post specific notices, typically utilizing posters made available by the Department of Labor or by the State, that must be continually posted to notify employees of their rights under federal, state, and/or local labor laws. For example, under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), these notices must be posted in a conspicuous location, such as an employee break room.

Compliance with the Notice Requirement: Hybrid or Remote Workforce

DOL guidance on notice requirements differ for employers utilizing a hybrid model workforce versus those with an entirely remote workforce:

• The hybrid model workforce notice requirement. Physical posters are required for employees who are on site. Electronic postings are encouraged for employees working remotely.
• Entirely remote workforce notice requirement. The notice requirement may be satisfied via electronic means provided the following are met:

1. All employees must exclusively be working remotely;
2. The employees must customarily receive information from the employer via electronic means; and
3. All employees must have readily available access to the electronic posting at all times

Although the continuous posting requirements may be satisfied electronically, DOL guidelines impose the following caveats in order to ensure that the notices remain accessible and conspicuous:

• Employees must be able to access the notice without having to request permission via an internal or external website, a shared network drive, or a file system
• Employers must inform employees of where and how to access the notices electronically
• A notice on a company website or intranet is not sufficient unless the employer already posts similar postings in such a manner on a regular basis
• A posting cannot be on an unknown or a little-known website

Special Note Regarding Job Applicants

Some laws require posters to be visible to job applicants, such as the Employee Polygraph Protection Act. In such cases, electronic-only posting is permitted if the hiring process is conducted remotely and the applicants have readily available access to the electronic posting at all times.

Compliance Tips:

• Ensure federal and state posters are easily accessible through your company intranet or employee portal
• Update your employee handbook to inform employees of virtual postings locations
• Incorporate required notices into your applicant tracking system or application portal if hiring employees remotely
• Visit DOL’s FirstStep Poster Advisor page for help

Note on State and Local Requirements

It is important to note that DOL guidelines only apply to posting requirements from its own agencies, such as the Occupational Safety and Health Administration or the Office of Federal Contract Compliance Programs. It does not address posting rules that are enforced by other federal agencies like the Equal Employment Opportunity Commission or National Labor Relations Board.