Update: The Latest Digital Labor Law Poster Requirements

The move toward remote and hybrid work environments has created a series of headaches for employers, including how to share labor law posters with employees who aren’t in the workplace.

Typically, labor law posters are displayed in common areas, such as employee breakrooms or lounges, where employees have ready access to them. But employees who never come to the office will never see these notices. Some states are now taking steps to make sure that all employees, regardless of work location, get access to the information on these important posters so they are aware of their rights.

Sharing labor law posters electronically with remote employees gives employers evidence that they have fulfilled their legal obligation to inform all employees of their rights. It also promotes consistency and equity by avoiding misunderstandings or disparities in how company policies and regulations are communicated to different groups of employees.

New York Digital Labor Law Posters

Effective December 16, 2022, New York employers must furnish digital versions of all labor law posters through their website or email. This includes all copies or abstracts of laws, rules, and orders that the New York State Department of Labor has designated as affecting employees.

This law does not change an employer’s obligation to post physical copies of the posters and abstracts in the workplace. Employers must also notify employees that all of the physically posted notices are available electronically, whether in a message to employees or in an employee handbook.

Failing to comply with this law may lead to fines. Further, violations can serve as evidence in other workplace-related cases. Employers should keep records of how they share the posters with each employee.

Illinois Digital Labor Law Posters

Starting January 1, 2024, Illinois employers with remote employees—employees who don’t regularly report to a physical workplace—must deliver four required labor law notices to those remote workers via email or by posting them conspicuously on their website or intranet. The four posters are Minimum Wage and Overtime, Equal Pay, Wage Payment and Collection Act, and Child Labor. Any employer with day and temporary laborers must also share the required posting for Day and Temporary Services Agencies electronically.

Note that online posting is only permitted if the website or intranet where the notices are posted is a site that the employer uses to regularly communicate work-related information to employees.

Other Electronic Labor Law Poster Requirements

We anticipate additional states will be including remote workers in their labor law posting requirements in the future. Currently, two additional states suggest electronic means of sharing posters with remote employees: Colorado and Oregon.

The Colorado law requires employers to share the Paid Leave, Whistleblowing, & Protective Equipment poster with remote workers. That law permits employers to share the poster by email or regular mail.

Similarly, Oregon’s Paid Family and Medical Leave Insurance poster must be shared with remote employees electronically or by regular mail or hand delivery.

The state websites for Arizona, Maine, and Washington mention that remote employees must still be provided with notices and that this requirement can be fulfilled by providing them digitally. 

No other states have yet enacted laws requiring employers to share labor law posters digitally or by email, but keep watching this blog for further updates.

Navigating the Digital Labor Law Poster Compliance Maze

The digital shift in workplaces necessitates a reevaluation of notification delivery practices. Employers must now proactively ensure compliance with federal and state labor law poster requirements. The burden is on employers to find innovative solutions that guarantee every employee, regardless of their work location, has access to essential workplace notifications.

Employers are encouraged to review their existing practices promptly. For those grappling with compliance for remote employees, Poster Compliance Center is offering a new service that can help. eComply360 is an all-in-one solution that gives employers access to digital labor law posters, sends email alerts about mandatory changes, and allows administrators to monitor employee engagement with the posters. Our centralized document repository makes it easy for employers to stay on top of labor law compliance. Of course, some states provide free resources for one-time downloads. Keep in mind, with free downloads you will need to manually distribute the notices and monitor for future changes.

Visit our eComply360 page to learn more about how we can help automate your digital compliance.