With more employees now working remotely, employers have sought out more effective ways to comply with employment law posting requirements. In answer to questions regarding whether online technology can be used to achieve legal compliance, a recent Department of Labor bulletin has provided clarification and guidance for employers.

The primary message conveyed by the DOL is that the “post and keep posted” rule remains in place. Employers should keep employment law posters up in their designated brick-and-mortar locations. Electronic posting or mailing may not substitute for physical posting unless all of the following statements are true:

• All employees work remotely;
• All employees customarily receive information from the employer via electronic means; and
• All employees always have ready access to the electronic posting.

Ready access to an electronic posting means that employees must be capable of accessing the electronic posting without having to specifically request permission to view the file or access a computer. Employers are required to advise employees where and how to access notices electronically to be considered compliant.

Where some but not all employees are working remotely, employers are encouraged to supplement the physical posting with electronic posting, but the physical posting is still required. And where individual notices are required, delivery of them via email will be permitted only if the employee customarily receives information from the employer electronically.

Employers considering guidance related to one or more specific employment regulations should consult the Department of Labor bulletin. And if you have questions regarding compliance issues, feel free to give us a call at (248) 477-6300. We’re here to help!