Keith Mack
The COVID-19 pandemic has accelerated the shift to remote work, raising questions about whether labor law posters can be posted electronically. While most laws require physical posters in the workplace, electronic posters can supplement them. The U.S. Department of Labor (DOL) issued guidance during the pandemic, stating that employers must provide required notices to all affected individuals, regardless of format. However, electronic notices must be easily accessible and effectively communicated to employees. Employers should inform workers of the location and access methods for digital labor law postings. While federal requirements may allow electronic postings, state and local laws may have separate mandates. As of 2025, states like New York and Illinois are adapting to digital labor law postings for remote workers.
| Characteristics | Values |
|---|---|
| Can labor law posters be posted electronically? | Yes, but they cannot replace physical posters in the workplace. |
| When can labor laws be posted electronically? | When all employees work remotely, customarily receive information from the employer electronically, and have readily available access to the postings at all times. |
| Where can employers post labor laws electronically? | On their website, employee handbook, or intranet site. |
| What are the requirements for electronic labor law postings? | Employees must have easy access to the digital posting (e.g., online portal). |
| What are the benefits of electronic labor law postings? | It provides evidence that employers have fulfilled their legal obligation to inform all employees of their rights, and promotes consistency and equity. |
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What You'll Learn
- Electronic labor law posters are not a substitute for physical posters
- Digital labor law postings won't be sufficient if workers cannot identify relevant information
- Employers must inform workers of where and how to access digital labor law postings
- Electronic labor law posters can be used to supplement physical posters
- States like New York and Illinois are adapting labor law posting requirements from physical to digital
Electronic labor law posters are not a substitute for physical posters
While electronic labor law posters are convenient, especially for remote workers, they are not a substitute for physical posters. Most laws requiring labor law posters to be displayed in the workplace do not address the concept of distributing this information electronically.
In the US, the Department of Labor (DOL) has issued guidance on electronic labor law posters, which applies only to federal notices. The DOL states that electronic notices supplement but do not replace the requirement to post a hard copy. This means that employers must still provide physical posters in a conspicuous place in the workplace, such as a bulletin board in a break room or cafeteria, or where employees clock in.
However, there are some exceptions and variations. For example, in the case of remote workers, employers may provide labor law posters electronically, either through an intranet site, employee handbook, or by email. In New York, employers must furnish digital versions of all labor law posters, but this does not change their obligation to also post physical copies in the workplace. In Illinois, employers with remote employees must deliver four required labor law notices either by email or by posting them on their website or intranet. Oregon, Arizona, Maine, and Washington also allow labor law posters to be shared with remote employees electronically.
It is important to note that rules can vary depending on the location and specific circumstances, so employers should consult their state and local agencies to ensure compliance with labor law poster requirements.
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Digital labor law postings won't be sufficient if workers cannot identify relevant information
The COVID-19 pandemic and the shift to remote work have raised questions about whether labor law posters can be posted electronically. While electronic labor law posters are not a substitute for physical posters, they can supplement them. The U.S. Department of Labor (DOL) issued a field assistance bulletin in December 2020, providing guidance on enforcing posting requirements when there is no traditional workplace.
The bulletin states that employers must provide the required notices to all affected individuals, regardless of whether they are provided electronically or in hard-copy format. However, digital labor law postings won't be sufficient if workers cannot easily identify relevant information. Employers should inform workers of where and how to access digital labor law postings, ensuring they can readily determine which postings apply to them and their place of employment. This can be done through the employer's intranet site, employee handbook, or an employee portal.
To ensure compliance, employers should be aware of applicable state, city, and county-mandated notices, as the DOL's guidance only applies to federal notices. For example, states like New York, Illinois, Oregon, Colorado, and Arizona have adapted labor law posting requirements to accommodate remote workers. In New York, employers must furnish digital versions of all labor law posters through their website or email, while Illinois requires employers with remote employees to deliver specific labor law notices electronically or post them on their website or intranet.
Additionally, for laws that require posters to be visible to applicants, electronic posting is permitted if the hiring process is conducted remotely, and applicants have readily available access to the electronic posting at all times. Employers should also consider making their company intranet appear automatically on employees' computers upon logging in, especially if they have multiple employee groups covered by different laws.
In conclusion, while electronic labor law postings can be used to supplement physical posters, they are insufficient if workers cannot identify relevant information. Employers should take steps to ensure workers can easily access and understand the applicable postings, regardless of their work location.
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Employers must inform workers of where and how to access digital labor law postings
While labor law posters are traditionally placed on bulletin boards in conspicuous areas of the workplace, the rise of remote work has led to the emergence of digital labor law postings. In most cases, electronic labor law postings supplement rather than replace the requirement for physical postings. However, employers must still ensure that remote workers have access to labor law information.
As a result, employers must inform workers of where and how to access digital labor law postings. This can be done through the employer's intranet site, employee handbook, or employee portal. When using electronic posters, employers should take steps to ensure that employees can easily determine which postings are applicable to them and their workplace. This includes providing clear instructions on how to access the relevant postings.
In some states, such as New York, Illinois, Oregon, Colorado, and Arizona, there are specific requirements for sharing labor law posters with remote employees electronically. For example, New York employers must furnish digital versions of all labor law posters through their website or email, while Illinois employers with remote employees must deliver four required labor law notices via email, website, or intranet.
It is important to note that the guidance provided by the U.S. Department of Labor (DOL) regarding electronic labor law postings primarily applies to federal notices. State and local governments may have their own posting requirements, so employers should consult the relevant state and local agencies to ensure compliance.
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Electronic labor law posters can be used to supplement physical posters
The COVID-19 pandemic has accelerated the shift to remote and hybrid work models, raising questions about the legality of electronic labor law postings. While electronic labor law posters cannot replace physical posters, they can be used to supplement them.
During the pandemic, the U.S. Department of Labor (DOL) issued a field assistance bulletin regarding electronically posted notices of federal labor laws. The bulletin states that electronic notices supplement but do not replace the requirement for employers to post hard copies. However, with the rise of remote work, employers must find innovative solutions to ensure all employees, regardless of their work location, have access to essential workplace notifications.
Electronic labor law posters can be used to reach employees who work remotely and may never come into the physical workplace. In these cases, employers may provide labor law posters via electronic delivery through an intranet site or employee handbook. It is important to inform employees of where and how to access these electronic postings and provide appropriate information so they can easily determine which posters are applicable to them.
To ensure compliance, employers should do their research and consult their state and local agencies to understand the specific requirements for labor law posters for remote workers. For example, states like New York, Illinois, Oregon, Colorado, and Arizona have adapted labor law posting requirements to accommodate remote workers, allowing for digital versions of posters or electronic delivery by email or regular mail.
In conclusion, while electronic labor law posters cannot replace physical posters in most cases, they are a valuable tool for supplementing physical postings and ensuring that all employees, including those working remotely, have access to important labor law information.
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States like New York and Illinois are adapting labor law posting requirements from physical to digital
The shift to digital workplaces has prompted a re-evaluation of notification delivery practices, and US states like New York and Illinois are adapting labor law posting requirements from physical to digital. The COVID-19 pandemic accelerated this transition, with the US Department of Labor issuing a field assistance bulletin regarding the digital posting of federal labor laws in December 2020.
In New York State, a law was signed in early 2023, requiring labor law postings to be provided electronically. This law applies to all employers, who must now furnish digital versions of labor law posters through their website or email. This includes all copies or abstracts of laws, rules, and orders that the New York State Department of Labor has designated as affecting employees. Importantly, this new law does not remove the requirement to also post physical copies of the posters in the workplace. Employers must also notify employees that all physically posted notices are available electronically.
Illinois has also passed a similar law, which will come into effect on January 1, 2024. This law requires employers to provide electronic labor law posters to employees who do not regularly report to a physical workplace, including remote workers or those who travel for work. Employers must provide the specified information by email or by posting it on the employer's website or intranet site.
These laws in New York and Illinois are part of a broader shift in how labor law information is conveyed to employees. With more employees working from home, states are recognizing the need to ensure remote employees have access to updated labor law postings. Additionally, digital postings allow employees more time and detail to review their rights and applicable laws. While New York and Illinois are currently leading the way, it is expected that other states will follow suit and include remote workers in their labor law posting requirements.
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Frequently asked questions
Yes, labor law posters can be posted electronically, but they cannot replace physical posters in the workplace. They can be shared with remote employees electronically or by regular mail or hand delivery.
Labor laws can be posted electronically when the hiring process is conducted remotely and the applicants have readily available access to the electronic posting at all times.
Some tips for posting labor law posters electronically include:
- Making the posters easily accessible to employees (e.g. on an employee portal)
- Informing employees of where to find the notices (e.g. in an employee handbook)
- Ensuring that each group of employees can tell which posters are applicable to them
