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Do I Have to Provide Employment Posters for Remote Employees?

Updated September 2021 to reflect digital employment posters for remote employees

HR Question:

My employees have been working remotely for a while now, and it looks like this remote work model may be here to stay. Since I don’t have staff coming into the office, do I have to share the employment posters with remote employees?

HR Answer:

According to the FLSA, “Every employer of employees subject to the FLSA’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments. Although there is no size requirement for the poster, employees must be able to readily read it.”

As more and more employers begin to shift their workforce to a remote model, employers now have to shift their typical in-office practices in order to meet the Department of Labor’s requirements for their remote employees. To remain in compliance, the Department of Labor has required employers to post labor posters electronically in a file that is accessible by everyone and should not be password protected. If employers have a hybrid work model, posters should remain physically posted at the worksite while including the electronic version of the posters on an accessible intranet.

Required Employment Posters for Remote Employees

There are additional required posters, depending on your industry and geographic location, and federal posting requirements such as:

  • Employee Rights Under the Fair Labor Standards Act (WH 1088)
  • Job Safety and Health: It’s the Law (OSHA 3165)
  • Employee Rights and Responsibilities Under the Family Medical Leave Act (50+ employees, WH 1420)
  • Equal Employment Opportunity is the Law (EEOC-P/E-1)
  • Break Time for Nursing Mothers (WH 1527)
  • Employee Polygraph Protection Act (WH 1462)
  • Your Rights Under USERRA

The Department of Labor provides Federal Workplace Posters along with an explanation of who must post them. Many of these posters are also offered in multiple languages.

If you’re not sure what federal posters your organization is required to provide, the Department of Labor created the FirstStep Poster Advisor as an interactive, step-by-step guide to help you with poster compliance. In addition to federal posters, you may also be required to provide state posters. Here are links to posters required by Ohio, Kentucky, Indiana, and all other states. We recommend consulting with your legal counsel to ensure that you provide all of the posters that are appropriate for your organization.

While the rules are changing to balance the new workforce model, employee rights remain the same. It’s important that employees are able to find compliance posters for their organization regardless of their work location. Reach out to your human resources team to learn more about digital employment posters for remote employees in your organization.

With the increase and prevalence of remote work that is here to stay for many organizations, it’s important to review your HR policies and practices for practicality and legal compliance for both your onsite and remote workforce. If you don’t have the time or expertise to do this, Strategic HR can help! Learn more on our HR Legal Compliance & Recordkeeping page, or contact us today.

The recommendations and opinions provided by Strategic HR and its staff are advisory only and are based on general human resource management fundamentals, practices, and principles, and are not legal opinions or guaranteed outcomes. This information is provided with the understanding that the user assumes the risk of verifying information used from this site when interpreting it for their own use. We strongly recommend, as part of a team approach to management, that companies consult with their legal counsel to address specific legal concerns related to human resource issues.