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How to comply with posting requirements for multi-state employees

2022-06-15T05:00:00Z

The ability to work from home provides flexibility, but things get complicated when an employee doesn’t stay in one location.

Wherever they work, employees need access to federal, state, and local labor law posters. When employees report to an office or another brick-and-mortar location, it’s simple to display physical posters by adhering them to the wall.

But what happens when an employee works from home and, to complicate things further, spends part of the year at working from a vacation home in another state?

Electronic posting

First, let’s look at how to fulfill posting requirements for an employee working from home. When employees work remotely, electronic postings can make them aware of their rights under employment laws. If a company is completely remote, and all employees work from home, then electronic postings can fulfill federal posting requirements.

When some employees work from home and some work from a physical location, then paper posters need to be posted in the office and electronic posters are recommended for remote workers. Electronic posters can be posted on a company intranet or saved in a shared file. It’s important that they’re easily accessible to all employees.

Which posters to provide?

The next step is determining which posters an employee needs access to.

On the federal side, it’s easy. All employees need access to federal posters, and the same federal posters will apply to a company’s entire workforce. This includes the Fair Labor Standards Act (FLSA)and Employee Polygraph Protection Act postings, for example.

The state and local posters that apply will depend on where the employee is working.

When an employee reports to a physical worksite, the posters that are displayed relate to the site’s location. An office in Philadelphia, Pennsylvania, will have the posters for Philadelphia and Pennsylvania displayed, as well as federal posters.

The same concept applies to remote workers. An employee who works remotely in Philadelphia should have access to Philadelphia and Pennsylvania posters in an electronic format.

One worker, multiple states

When an employee spends part of the year working in one state, and part of the year in another state, posters from both locations may apply.

Whether or not an employee needs access to posters depends on how long the employee is working in the state, and which laws apply to the employee. While specific requirements vary by state, questions to ask can include, “Do we pay unemployment insurance taxes to this state for this employee? Is the employee covered by the state’s workers’ compensation law?” Each posting is required under a different law, so if a state law applies to that employee, then the posting requirement will apply to the employee. The employer should make the electronic posting available.

Compliance considerations for remote workers

The laws that apply to a remote worker relate to where the employee is performing work. If you have employees who work remotely, make sure to provide them with access to the labor law posters that relate to their location.