In this age digital communication, employers often wonder whether they can avoid physical posting of mandatory labor law notices in the workplace by posting the notices electronically on a company website. Almost always, the answer is no. Electronic posting cannot be used as a substitute for physical posting.[more]
The overwhelming majority of municipal, state and federal postings must be physically posted in the workplace. For example, of the five most common federal postings, Occupational Safety and Health (OSHA), Equal Employment Opportunity (EEO), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Employee Polygraph Protection Act (EPPA), only the FMLA may be posted electronically. All others must be physically posted in the workplace.
Most state laws also mandate physical posting of state postings, usually “prominently” or “conspicuously” posted in a location where they can be “readily seen” or “observed” by employees. In fact, there are only few instances where state law allows electronic posting of a particular notice. In such cases, all workers must have access to a computer where they work and the posting must be available from a secure area of the system accessible only to employees. For example, two New Jersey postings satisfy notice requirements if posted on the employer’s internet site or intranet site for exclusive use by its employees and to which all employees have access. All other New Jersey postings must be displayed in a physical location.
One major reason for limiting electronic posting is accessibility. Much of the working population does not routinely work at a computer. More employees are likely to stop a bulletin board, a break room, an HR office or other centralized location of the workplace or job site where notices are customarily posted.
Another problem with electronic posting is that many postings are also required to be visible to applicants for employment. Electronic posting does not obviate the need to give applicants notice. For example, notice of California’s Family Rights Act (CFRA) may be posted electronically for employees but must be physically posted for applicants. Electronic posting may also exclude workers because of language barriers, limited computer-literacy, job characteristics, physical resources or other accessibility issues. Many postings must also meet size requirements or other physical characteristics.
Unfortunately, there is no easy way around physical posting requirements. However, there is an easy way to post all required notices in one simple step – just post an All-On-One poster format along with any city or industry specific required poster. Pick your state above. What could be easier?
If you need any clarification of what is required for your type of business/industry contact one of our knowledgable Compliance Advisors at 800-817-7678 for help/assistance.
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