Remote Employees: Employement Law Posting Requirements

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(Editor’s Note: Today’s article is brought to you by our friends at Poster Guard, a division of ComplyRight and the leading labor law poster service that gets your business up to date with all required federal, state and local labor law postings, and then keeps it that way — for an entire year. Enjoy the read!)

I know we’re seeing a lot of articles today about being in unprecedented times. And frankly, that’s because it’s true. Employees are working from home like never before. And technology tools like Slack and Microsoft Teams are helping remote workers collaborate on projects.

But this new normal raises the question, “How do organizations communicate with employees when it comes to topics like employment law compliance postings?” I know we need to be focused on supporting our employees, along with productivity and the work, but we also need to make sure all employees know their rights as required by federal, state, and local law.

I spoke with Ashley Kaplan, Esquire, senior employment law attorney for ComplyRight about this issue. Ashley leads the expert legal team for Poster Guard® Compliance Protection. On a personal note, I’ve known Ashley for years and I’m thrilled to share her knowledge on the blog.

Please remember that even though today’s post is sponsored, Ashley’s comments shouldn’t be construed as legal advice or as pertaining to any specific factual situations. If you have detailed questions, they should be addressed with your friendly neighborhood labor and employment law attorney.

Ashley, before we talk about the specific posting requirements for remote employees, it might be a good refresher to discuss, in general, the current posting requirements for organizations.

[Kaplan] Sure. All employers must post federal, state, county, and city (if applicable) postings. The mandatory federal posters include:

  • Equal Employment Opportunity Commission (EEOC)
  • Occupational Safety and Health Act (OSHA)
  • Family and Medical Leave Act (FMLA)
  • Uniformed Services Employment and Reemployment Rights Act (USERRA)
  • Fair Labor Standards Act (FLSA)
  • Employee Polygraph Protection Act (EPPA)

There is also a new temporary federal poster required for employers with fewer than 500 employees under the Families First Coronavirus Response Act.  The new poster summarizes the new emergency paid sick leave law, which remains in effect until December 31, 2020.

In addition, there could be up to 15 additional state-specific posters, depending upon what state you’re in … and up to 10 additional posters for city/county compliance. Oh, and don’t forget there are additional posters for government contractors and certain industries. The topics for these state, county, city, and industry-specific postings include minimum wage, fair employment, paid time off, child labor, unemployment insurance, workers’ compensation, expanded family/medical leave rights, smoking in the workplace, electronic cigarettes, human trafficking, and more.

For HR pros who just read that list of requirements and are saying to themselves, “I have no idea if I have the right posters up!” is there a government site that will tell them everything they need?

[Kaplan] Sadly, no. The postings are issued by multiple different government agencies. Believe it or not, HR professionals have to visit each agency’s site to find out posting requirements. There are 175 different agencies responsible for issuing more than 390 posters at the federal and state level. Add to that the approximately 22,000 local jurisdictions that have the authority to issue their own postings. That’s a lot of follow-up and unfortunately, these agencies aren’t required to coordinate efforts.

So potentially, HR pros have to check several websites to make sure their organizations are in compliance. But do posters really change that often? Read more here…

Source: hr bartender

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