Remote employees may rarely, if ever, set foot in a workplace where labor law posters are displayed. Yet employers still have a legal obligation to inform these workers of their rights.
Electronic labor law posters can help close that gap, as long as you know where they meet posting rules and where they fall short. Here are answers to the most common questions about labor law posters for remote workers.
Yes. Federal employment laws carry posting obligations whether employees work onsite or offsite, though the specific requirements depend on the statute and the employer. States also set their own posting requirements, so it’s important to determine whether state, county and city postings apply to your remote workforce.
In many cases, yes. Electronic access plays an important role in providing required notices to remote employees, and you don’t need to ship physical posters to their homes. The U.S. Department of Labor (DOL) has issued guidance allowing electronic posting for remote workers under certain conditions. For example, employees must have easy access to the postings, and the electronic format must be as effective as a physical poster.
Because posting rules differ by statute, evaluate the requirements of each law that applies to you.
Not necessarily. Don’t assume a digital poster eliminates physical posting requirements. Under DOL guidance, electronic postings alone satisfy federal requirements only when your entire workforce works remotely and meets certain access conditions.
If you have a physical business location, you must still display labor law posters where employees can view them, such as a break room, main hallway or time clock area. Electronic posters then serve as a supplement for employees who work offsite.
It depends on which employment laws apply to your business and your employees. Federal postings typically include:
Most basic employment rights, such as minimum wage, overtime pay and employee leave protections, are governed by the laws of the state where employees perform the work. However, depending on your company structure, out-of-state employees may be covered by both states’ laws. Because there is no clear legal guidance on this, it’s wise to provide both sets of state-specific posters to remote employees who live in a different state.
If a remote employee periodically works at or visits a location where labor law posters are displayed, those physical postings may be adequate. For employees who rarely or never visit, the DOL encourages electronic posting.
State and local governments don’t typically provide guidelines for sharing postings with remote workers, so employment law experts advise following the DOL approach for state, county and city postings as well.
Note for New York employers: New York requires employers to provide digital copies of labor law postings to all employees, in addition to physically displaying the posters.
Yes. Employers must share certain labor law posters with job applicants, whether they apply in person or online. Of the six federally mandated labor law postings, three must be shared with applicants: EEOC, FMLA and EPPA. The USERRA posting is also recommended as a best practice because the law protects applicants. Many states also require applicant postings.
For online applicants, the DOL recommends adding a prominent notice to the page where your job openings are listed. It should state, “Applicants have rights under federal employment laws,” and link to the required posters. If applicants visit your business in person, you also need physical posters where they can see them.
Yes! We offer two digital posting services for remote worker compliance: Poster Guard E-Service for Remote Workers and Intranet Licensing.
Both solutions give employees easy access to electronic labor law posters, either through email with the E-Service or through a custom link on your website with Intranet Licensing. Offsite workers can view and download all required federal, state, county and city postings, and they receive email notifications for every mandatory update. The E-Service option also records employee acknowledgments to confirm receipt of mandatory postings, providing an extra layer of protection in case of a legal dispute.
