December 23, 2020
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The U.S. Department of Labor (DOL) issued a Field Assistance Bulletin that provides guidance for when employers may electronically post or deliver certain required notices to employees under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), Section 14(c) of the FLSA (Section 14(c)), the Employee Polygraph Protection Act (EPPA), and the Service Contract Act (SCA).
- Employers may electronically post the required poster if (1) all of the employer’s employees exclusively work remotely, (2) all employees customarily receive information from the employer via electronic means, and (3) all employees have readily available access to the electronic posting at all times.
- The DOL will consider electronic posting to satisfy the FMLA posting requirements where, for example, all hiring and work is done remotely and an employer posts the appropriate FMLA notice on an internal or external website that is accessible to all employees and applicants.
- Section 14(c). If an employer finds it inappropriate to post a physical notice to employees, an employer may satisfy the Section 14(c) posting requirements by emailing or direct mailing the poster to workers employed under 14(c) subminimum wage certificates.
- Electronic posting may be sufficient if (1) all employees exclusively work remotely and the hiring process for applicants occurs remotely, (2) all employees and applicants customarily receive information from the employer via electronic means, and (3) all employees or applicants have readily available access to the electronic posting at all times.
- This notice may be delivered to each employee (including via email, if email is customarily used by that employee to communicate with the contractor regarding their work on the contract). Where (1) all of the employer’s employees exclusively work remotely, (2) all employees customarily receive information from the employer via electronic means, and (3) all employees have readily available access to the electronic posting at all times, the worksite posting requirement would be met if an electronic posting of Publication 1313, and the applicable wage determination, is as readily accessible to those workers as a hard-copy posting would be.
Keep in mind that an electronic posting will not be considered readily accessible if an employee must specifically request access to a computer or ask for file permissions to view the posting. An employer must also take steps to inform employees of how and where to access the electronic posting. Additionally, the DOL encourages employers to provide electronic delivery of the required notices as a supplement to fulfilling their posting requirements in the workplace where there are both in-person and remote employees.
- Review the DOL’s guidance here.
- Appropriately display and delivery required notices.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
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