Ask Leslie: What Posting Rules Should I Follow When My Workforce Is Mostly Virtual?

By Leslie Zieren, The McCalmon Group, Inc.

Dear Leslie:

Most of our employees are teleworking; but, there are still a handful working on site. Pre-pandemic, we posted all the required employment posters in the worksite kitchen, so everyone could easily access them, but what should I be doing for my virtual employees?  

Signed: Jen

 

Dear Jen:

The U.S. Department of Labor issued guidance on December 23, 2020, regarding electronic postings. Electronic postings can suffice for the notice requirements of the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Polygraph Protection Act, and others.

However, these electronic notices supplement your hard-copy postings in your kitchen area. They do not replace them.

What if your entire workforce is virtual? In general, electronic posting will be compliant if everyone is virtual; if employees customarily receive important information electronically; and if the employees always have access to the electronic posting without having to request it. You must inform the employees of the electronic postings and how to access them.

State posting requirements may vary, so be sure to consult with your local counsel to make sure you are in compliance. 

Jack McCalmon and Leslie Zieren are attorneys with more than 50 years combined experience assisting employers in lowering their risk, including answering questions, like the one above, through the McCalmon Group's Best Practices Help Line. The Best Practice Help Line is a service of The McCalmon Group, Inc. Your organization may have access to The Best Practice Help Line or a similar service from another provider at no cost to you or at a discount. For questions about The Best Practice Help Line or what similar services are available to you via this Platform, call 888.712.7667.

If you have a question that you would like Jack McCalmon or Leslie Zieren to consider for this column, please submit it to ask@mccalmon.com. Please note that The McCalmon Group cannot guarantee that your question will be answered. Answers are based on generally accepted risk management best practices. They are not, and should not be considered, legal advice. If you need an answer immediately or desire legal advice, please call your local legal counsel.

 

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