By ComplyRight –
If you find employment laws confusing, you’re not alone. The 2018 National Small Business Compliance Pulse Survey, sponsored by ComplyRight, revealed that small business employers continue to be troubled by the increasing complexities of employment laws. According to the study, managing federal, state and local laws is the top concern among employers.
Employment laws are confusing. And one example is how labor law postings impact remote workers. You probably know you have to display current federal and state postings (and in some cases, city or county). But what about telecommuters? How are these employees supposed to receive this information?
When you have employees who work remotely, here are 5 things you should know about posting compliance for labor laws.
1) Remote employees must have access to postings
By law, you’re required to provide mandatory notices to all employees. Although the regulations don’t specify the format (paper or electronic), you’re responsible for communicating the same information to your home-based workers as those on-site.
Because the required format for communicating these notices isn’t clear-cut, employers must evaluate their circumstances and use their best judgment.
2) Regular office visits may be sufficient
If your remote workers report to your physical location at least three times a month, you’re most likely in compliance with U.S. Department of Labor recommendations. Of course, that’s as long as you prominently display up-to-date labor law postings in your business.
However, when your remote workers visit the office less frequently, or not at all, traditional postings at the office won’t be enough. In this case, you should consider providing the postings electronically through email, the company intranet or the Internet.
3) Dealing with multiple states can be tricky
Complying with posting requirements can be particularly problematic when your remote employees work in different states. It’s not always clear which state laws apply. The laws where an employee works, not lives, typically govern basic employment rights, such as minimum wage, overtime and safety issues.
However, in some cases, your out-of-state employees may be covered by the laws at the location of your company and the laws of the state where they work. Your best option is to provide both sets of state-specific postings to remote workers. For example, if your business is located in Florida, and you have remote workers in Georgia, you would supply them with both Florida and Georgia state postings just to be on the safe side.
4) Alternative options can help
The law is quite clear about your responsibilities to share labor law posting information with all employees, regardless of where they work. But it isn’t so precise on the delivery method for virtual employees. Although posters on the wall work for traditional employees, recent government activity suggests that transmitting the information electronically is a compliant method for remote employees.
This alternative method gives virtual workers the opportunity to download, view and acknowledge receipt of required postings. It also fulfills your obligation as an employer to communicate necessary employment law information to all employees.
If you have kiosks or other non-traditional worksites, a binder containing the postings also is a viable option. The postings are always accessible, allowing employees to view the information at their convenience.
5) Other requirements may apply
Remote workers are just one consideration when it comes to labor law posters. Your business may have additional posting requirements depending on factors such as your size, location and industry.
Learn what you need to do to protect your business with the free e-guide 10 Common Myths about Labor Law Posting Regulations.
And if you want to outsource this responsibility so you can put your focus on other business matters, consider Poster Guard Compliance Protection. This annual subscription offers everything you need to be in full compliance with the law, including smart solutions for remote workers and non-traditional worksites.