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Jan

20

2020

Does Your Posting Compliance Strategy Include Remote Workers? It Should!

The workplace is changing. According to Global Workplace Analytics, more than 4 million employees work from home at least half the time. Further still, 40% more U.S. employers now offer flexible working arrangements than they did five years ago.

With this shift, employers need to cast a wider net to ensure compliance with labor laws for remote employees. You must make a good-faith effort to inform all employees of their employment rights, which includes home-based employees, telecommuters, field salespeople and other remote workers. But if they’re not on-site to see your labor law posting center, how do you accomplish that?

Here, the legal experts at Poster Guard® Compliance Protection address this and other questions you may have regarding remote workers labor law posters:

Q: We have employees who work in the office most days, but also from home occasionally. Should we treat them as remote workers?

A. Both the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have provided examples of when employers should provide electronic postings to remote employees. The EEOC states that employees who don’t visit your workplace on a regular basis should receive electronic postings. The DOL responded to a similar employer question, “My employees must report to the main office only once a week. Can I display posters there?” with the answer, “yes.” Given this information, our legal team has determined that traditional postings are sufficient for any situation where an employee reports to your physical location at least 3-4 times a month. If a remote employee doesn’t visit the office this frequently, however, you should send electronic postings via email.

Q: What about state-specific posters? Do these apply to the state where the remote worker lives, or to the state of the main business location?

A. Unfortunately, it’s not always clear which state laws apply to employees when they cross geographic lines. Most basic employment rights (minimum wage, overtime, safety issues, etc.) are governed by the laws where an employee works, not lives. Yet, depending on how your company is structured, your out-of-state employees may be covered by both the state laws of your corporate office AND the state laws where they conduct work. Because there is no clear law or authority with this, we recommend that you provide both sets of state-specific posters to remote employees in other states.

Q: I worry about remote workers saying they didn’t receive the postings – and our business being unprotected. Wouldn’t it be their word against ours?

A. That’s a legitimate concern! You never want to be caught in a situation where an employee says, “I didn’t know about XX or didn’t’ receive XX.” But with a full-service posting provider like Poster Guard Compliance Protection, you’re covered. Not only do employees receive every mandatory posting change as a download to view, but they also must acknowledge receipt of the posting. Poster Guard tracks and maintains complete records of these acknowledgments, so you always have proof of your compliance.

Poster Guard® Compliance Protection for Remote Workers

With Poster Guard’s Electronic Service for Remote Workers, employees can easily download and view all required posters online. The service includes:

  • One year of free mandatory federal, state and local posters
  • Automatic poster replacements every time a mandatory change occurs
  • 12 months of legal monitoring and research by an expert team of attorneys
  • 100% Compliance Guarantee against government posting fines

Be certain you’re communicating essential employment rights to all your remote workers. Check out our dedicated service here.

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