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Labor Department Issues Guidance For Federally Mandated Notices In Virtual Workplaces

 

At the end of last week, the Labor Department issued guidance on how employers can comply with posting federally mandated notices in a virtual workplace.

Readers might recall previously reading that several statutes (such as the Fair Labor Standards Act and Family Medical Leave Act, among others) require employers post a notice of rights in a conspicuous location in the workplace.  As you might imagine, when employees are not physically present in the workplace (as many employees are not right now because of the coronavirus), these employees are not able to view the posted notices.

Never fear, the Labor Department has issued guidance to allow employers to still get these notices to employees while employees work in a virtual workplace.  For one time notice requirements, employers may provide the notice via email to employees so long as employees customarily receive emails from the employer.  For continuous notice requirements, the Labor Department makes a distinction between employers with some remote employees and those employers that have a workforce that is entirely remote.

Note, if an employer has a “split” workforce, the Labor Department stipulates that physical notice posters are required for the workers physically present.  In regard to the rest of the workforce that works remotely, the Labor Department “encourages” electronic posting of the notice poster.

Note, if an employer has a workforce that is entirely remote, the Labor Department, providing the notice may be done electronically so long as all employees work remotely, all employees customarily receive information from the employer via electronic means, all employees have “readily available access” to the electronic posting at all times, and the employer takes steps to inform the employees where the notice is posted and how to access it.

It goes without saying that the workplace arrangements for many employers and employees remains in flux.  While the Labor Department’s guidance was only just recently released, it is worth reviewing and incorporating to ensure compliance with the relevant statute/statutes.


For additional information:  https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fab_2020_7.pdf

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