• Employers are encouraged and sometimes required to post labor law posters for remote workers electronically.

Employers with employees who work from home may use electronic labor law posters to inform workers of labor rights.

Most posting laws do not mention electronic posters or remote workers, but the Department of Labor (DOL) provides some guidance on how to fulfill labor law posting requirements when employees are not on-site. The DOL oversees federal postings relating to the Fair Labor Standards Act (FLSA), Employee Polygraph Protection Act (EPPA), and Family and Medical Leave Act (FMLA).

• If all employees work remotely, the DOL says a business can use electronic postings to satisfy posting requirements.
• If a company has some employees on-site, physical posters need to be posted in the workplace, and it is a best practice to use electronic postings for remote workers.
• If all employees are on-site, physical posters are needed and electronic posters can be used as an additional way to make employees aware of their rights.

The Equal Employment Opportunity Commission (EEOC) also provides some guidance on how to fulfill posting requirements for remote workers. The EEOC is the federal agency that enforces laws dealing with discrimination. This includes Title VII, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act (GINA). Those laws are summarized on the Know Your Rights: Workplace Discrimination is Illegal poster.

The EEOC website states that for employees who telework and do not visit the employer’s workplace on a regular basis, electronic posting may be required in addition to physical posting.

In summary:

• If all employees are on-site, the employer needs to display physical posters. Electronic posters can be placed on the intranet and used to supplement the physical posters, but employers still need to place physical posters on the wall in the workplace.
• If a company has some remote workers, and some employees who work in an office, employers are encouraged to use electronic postings for remote workers. The EEOC notes that this may be required in addition to the physical posters displayed in the workplace.
• Hard-copy posters must be still be displayed in physical offices or other workplaces, even when electronic postings are available.

If the entire workforce is remote, electronic posting alone can be enough to meet posting requirements. Employers do need to meet a few additional requirements however:

• Employees must usually get information from the employer electronically; and
• Employees need to have readily available access to electronic postings at all times.

Electronic posters are a great option for remote workers who are not reporting to an office or work site. If an employee goes to work at a work site, then physical posters need to be displayed there.

State labor law posters for remote employees

Employees who work remotely also need access to the state posters that relate to where people are working. The employee working from home falls under the laws of the state where the employee is living and working.

When an employee is working remotely, electronic postings can be used to show that an employer is making a good faith effort to make employees aware of their rights under labor laws.