Remote Workers? Labor Posters Just Got Easier - Sam Slade

Monday, February 15, 2021

Sam Slade, Business Contributor

 

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Sam Slade of Hilb

Most employers are required to post certain federal and state labor law posters in a conspicuous place to inform workers about their rights. But with so many employees working remotely right now, the Department of Labor (DOL) recently issued a bulletin to address when electronic posting may be sufficient.

Following are the current posting requirements addressed in the bulletin and how they may be satisfied through electronic means (e.g., on an employee information internal or external website, or shared network drive or file system).

·       Fair Labor Standards Act (FLSA): An employer with employees subject to the provisions for minimum wage, overtime, and break time for nursing mothers is required to post and keep posted a notice explaining the FLSA in conspicuous places in every establishment where such workers are employed. Electronic posting will be sufficient to meet the statutory posting requirement if all employees:

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·       Exclusively work remotely;

·       Customarily receive information from the employer via electronic means; and

·       Have readily available access to the electronic posting at all times.

If an employer has workers employed under Section 14(c) subminimum wage certificates, it must at all times display a poster in a conspicuous place that explains the conditions under which subminimum wages may be paid. However, if the employer finds it’s inappropriate to post the notice, it can provide it directly to all employees who are covered. That can be done by direct mailing or emailing the poster.

·       Family and Medical Leave Act (FMLA): Each covered employer must post and keep posted, in conspicuous places on the premises where workers are employed, a general notice explaining the FMLA’s provisions (among other things). The notice must be posted prominently where it can be readily seen by employees and applicants. Electronic posting of the general FMLA notice is permitted as long as it otherwise meets these requirements. Electronic posting is permitted where all hiring and work is done remotely and an employer posts the appropriate notice on an internal or external website that is accessible to all employees and applicants.

·       Employee Polygraph Protection Act (EPPA): An employer subject to the EPPA must post and keep posted a notice explaining the EPPA in a prominent and conspicuous place in every establishment of the employer where it can readily be seen by employees and applicants. Electronic posting may be sufficient to meet this posting requirement if, as discussed above, all employees:

·       Exclusively work remotely;

·       Customarily receive information from the employer via electronic means; and

·       Have readily available access to the electronic posting at all times.

·       Service Contract Act (SCA): All contractors and subcontractors subject to the SCA working on contracts over $2,500 must notify employees of the required compensation and fringe benefits by providing notice to each employee using WH Publication 1313.. It can be posted in a prominent place or delivered by email if email is customarily used by the employee to communicate with the contractor regarding their work. The worksite posting requirement will be considered to be met if, as described above, all employees:

·       Exclusively work remotely;

·       Customarily receive information from the employer via electronic means; and

·       Have readily available access to the electronic posting at all times.

An electronic posting will not be considered readily accessible if an employee must specifically request access to a computer or ask for file permissions to view the posting, and an employer must take steps to inform employees of how and where to access the electronic posting.

Whether notices are provided electronically or in hard-copy format, the bottom line is that it’s an employer’s obligation to provide the required notices to all affected individuals.

Sam Slade is Managing Director, Employee Benefits, at The Hilb Group of New England, where he delivers consulting and brokerage services to local employers. He has extensive experience in all aspects of employee benefits, including underwriting, plan design, communications, compliance, and analytics, with a particular focus on alternative funding and self-insurance. Sam lives in South Kingstown with his wife and three sons.  

 

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