Susan Gross Sholinsky, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in SHRM, in “DOL Issues New Guidance on Posting Notices for Remote, Hybrid Workplaces,” by Roy Maurer.

Following is an excerpt:

The U.S. Department of Labor (DOL) recently provided guidance from the Wage and Hour Division on complying with its notice and posting requirements when employees are working remotely.

"A remote workforce poses a challenge for employers that must display certain notices and posters in their workplaces to advise employees of their rights under federal, state and local employment laws," said Susan Gross Sholinsky, an attorney in the New York City office of Epstein Becker Green. "In response to this widespread shift to remote work, the DOL bulletin clarifies how employers may comply with federal notice and posting requirements in a remote environment."

Among other provisions, it outlines when employers are permitted to disseminate the poster information exclusively in electronic form. …

Being readily available means that employees can access the notice without having to request permission via an internal or external website or a shared network drive or file system.

Employers must inform employees of where and how to access the notices electronically.

"Posting a notice on a company website or intranet is not sufficient unless the employer already posts similar postings in such a manner on a regular basis," Sholinsky said. "Posting on an unknown or little-known website is the equivalent of posting a hard-copy poster in an inconspicuous location and fails to meet the federal requirements." …

State and Local Requirements

The DOL guidance applies only to federal notice and posting requirements, but employers should remember that many states and cities have additional notice and posting requirements, Sholinsky said. "For example, New York's Department of Labor requires certain posters for minimum wage information, job safety and health protection, and the like. California requires employers to post information related to medical leave and pregnancy disability leave, minimum wage, and workplace discrimination and harassment."

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