An increasing number of employers are expanding their workforce across the country (and the world) through remote employees. The wider reach of the workplace is changing the status quo: We communicate differently, company culture is shifting, and labor laws don’t translate the way they used to.
Requirements like mandatory labor law posters don’t easily translate to a remote workforce, and businesses have had to change how they inform employees about their rights and responsibilities. Here’s what remote employers need to know about labor law posters and how Mosey can help with business compliance.
Why Are Labor Law Posters Important?
Labor laws affect employers and employees equally. Employers have always been expected to ensure that employees know their rights and responsibilities as dictated by the law. That’s why labor law posters are required.
Labor law posters explain specific labor laws. They’re intended to be posted in a conspicuous place where all employees can see them, like near an employee entrance or beside a time clock. If employees notice an offense in the workplace or feel like they’re being mistreated, labor law posters inform them of the next steps they should take.
However, the efficacy of mandatory labor law posters has changed with the rise of the remote workforce. Remote workers seldom report to a physical job site, meaning any informational posters at that location are useless.
Still, these employees are entitled to the same information and protection under the law, even if they cannot receive the information as the law currently dictates.
What Are the Requirements for Remote Labor Law Posters?
Labor law requirements were established before remote work became a normal part of corporate culture. Many compliance requirements, including that of labor law posters, haven’t perfectly adapted to the nature of modern work.
Currently, no law requires remote employees to have physical labor law signs in their personal work area, and employers aren’t responsible for sending them physical materials. This requirement may change in the future, so it’s best to watch the evolution of labor requirements.
At the moment, remote workers must be sent electronic labor law posters. It’s easy to miss electronic labor law posters when they’re tucked away on an employee website, so it’s generally recommended that all employees be sent a PDF attachment during onboarding.
If your remote employees check in at a physical office or job site periodically, placing posters conspicuously in their physical work environment is enough to satisfy this requirement. The law only states that posters need to be placed where employees can reasonably see them, not that employees need to view the posters on a daily basis.
Which Labor Law Posters Must Be Shared With Remote Workers?
Some labor law posters don’t make sense for remote workers. For example, an OSHA job site safety poster would not apply to employees working exclusively from homes. You are not responsible for the safety of a private living space.
However, each state has different poster requirements for off-site workers. Poster requirements may vary based on the type of work that a remote employee performs. Most states require whistleblowing, minimum wage, and paid leave digital labor law posters be made available to employees.
Check with your state’s Department of Labor for specific information about poster requirements for off-site employees.
How To Maintain Labor Law Poster Compliance for Remote Workers
Compliance can be more challenging with a remote workforce. You’ll need to verify that employees know their rights and have equal access to the same information that employees at your physical locations regularly access.
It’s wise to take a proactive approach to compliance while protecting your business from potential liabilities. The law doesn’t necessarily require you to go above and beyond to confirm labor law awareness among remote workers. Still, your business will be safer from non-compliance claims if you devote more effort to doing so.
You should also remember that legislation regarding labor law compliance for remote workers may change as remote work becomes the new normal. Stay up to date on new rules and regulations to avoid non-compliance.
Upload Posters in an Accessible Place
The purpose of posting physical labor law posters in a conspicuous place is so that employees can review the information on the posters whenever they see fit. This placement allows them to refresh their knowledge of labor laws and access the information they need if they require assistance.
Digital labor law posters should serve the same purpose. Upload them to a location where employees have regular access. If you have an employee-only website or an on-demand employee handbook, place virtual posters where employees would ordinarily go to reference important information.
Ask for Electronic Signatures
The law doesn’t currently require employers to obtain electronic signatures from employees stating they’ve reviewed the posters, but it never hurts to be thorough. You can create an electronic document that encourages employees to review remote work requirements and labor law posters and asks them to sign the document after reviewing the material.
If an employee claims that they weren’t aware of their rights or if you’re ever questioned regarding the labor law poster requirement, you can use a virtually signed document as proof that employees have access to required information and have affirmed that they’re informed.
Update Virtual Posters
Labor law posters can be modified as the law dictates. New posters can be added, and old posters can be removed. When swapping outdated labor law posters for current versions, don’t forget to swap your virtual posters.
You aren’t required to formally notify employees at your physical place of business when you change labor law posters, as they should be able to see the new poster during the course of their workday. However, changes may not be apparent to virtual employees, who may not have a reason to regularly visit your website’s or handbook’s virtual poster section.
When labor posters change, it’s a good idea to email your remote employees new copies to inform them of important updates. If you collect electronic signatures to verify that your remote workers have reviewed the information, don’t forget to send a new notice with the updated posters.
Stay Compliant With Mosey
Mosey’s compliance management platform makes it easy for employers to keep track of state-specific compliance requirements. Determine which labor law posters are relevant to your business and which virtual posters you should send to your remote employees. And if a poster gets an update or a new poster is added, Mosey will let you know and automatically update the notices and posters link.
Schedule a demo with Mosey today to learn how we make it simple to manage your compliance requirements.
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