Are Labor Law Posters Required for Remote Employees?

As remote and hybrid work arrangements continue to reshape the modern workplace, employers must also adapt to meet labor law posting obligations. Traditional bulletin board postings in break rooms and common areas are no longer sufficient for employees that rarely, if ever, enter a physical office.

Here is everything employers need to know about labor law posting requirements for remote employees for compliance with Federal Labor Laws .

Are Labor Law Posters Required for Remote Employees?

In short, the answer is yes. However, the rules and requirements are much more nuanced than that.

Federal and state agencies have increasingly clarified that employers are still responsible for ensuring remote and hybrid workers can easily access required employment notices, even in a virtual work environment. For organizations with distributed teams, compliance now requires a combination of physical and electronic posting strategies.

Labor law posters are designed to inform employees of workplace rights and protections. These notices typically cover topics such as:

• Minimum wage and overtime rights (Fair Labor Standards Act (FLSA))
• Family and medical leave protections (Family and Medical Leave Act (FMLA))
• Anti-discrimination laws (Equal Opportunity Employer Laws)
• Workplace safety requirements (OSHA)

Employers should note that many states and localities have their own posting requirements as well, so it’s important to be aware of the applicable requirements in the area.

Requirements may also vary depending on company size, industry, and whether employees work remotely or onsite. Failure to properly display required notices can expose employers to penalties, employee complaints, and compliance risks.

Federal Guidance on Remote and Hybrid Employee Posting Requirements

In late 2020, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2020-7, which included guidance addressing how employers can satisfy federal posting obligations for remote and hybrid work environments.

The guidance distinguishes between one-time distribution notices and continuous posting notices, as well as clarifies when hybrid workers need digital posters.

One-Time Distribution Notices and Continuous Posting Notices

Continuous posting requirements apply to the following laws:

• Fair Labor Standards Act (FLSA)
• Family and Medical Leave Act (FMLA)
• Employee Polygraph Protection Act (EPPA)

When it comes to continuous posting requirements under DOL guidance, employers must ensure employees customarily receive information electronically, and workers have readily available access at all times to electronic postings.

One-time distribution notices typically apply to the following laws:

• Family and Medical Leave Act (FMLA) eligibility and rights notices
• COBRA health coverage continuation notices
• Certain state-required wage theft prevention or pay notice acknowledgments

One-time distribution notices refer to individual notices that must be provided directly to employees rather than continuously displayed in a workplace posting area. These notices may generally be delivered electronically if employees customarily receive work-related information digitally and have regular access to the electronic communication system being used.

Unlike continuous posting requirements, one-time notices are often satisfied through direct delivery methods such as email, electronic onboarding systems, or employee self-service portals.

Requirements for Remote vs. Hybrid Employees

Most importantly, under DOL guidance, employers may only use electronic postings as a complete substitute for physical posters if all employees work exclusively remotely, in addition to meeting the above requirements for one-time distribution notices and continuous posting notices.

For employers operating hybrid workplaces, compliance becomes more complex. If some employees still report to a physical worksite, employers generally must continue maintaining physical labor law posters at those locations.

The DOL did clarify that the physical postings at the business are adequate if hybrid employees visit the worksite at least 3-4 times a month. However, employees visiting less frequently, or not at all, will need to be provided with digital posters.

It’s important to note that simply emailing posters to employees one time is generally not considered sufficient for notices that require continuous posting.

How Do Employers Satisfy Digital Poster Requirements?

The DOL guidance emphasizes that electronic postings must be just as accessible as physical posters would be in a traditional workplace.

Employers should ensure remote employees can access notices without needing special permission or making a request to HR. Acceptable solutions may include:

• Company intranet pages
• Employee self-service portals
• Shared network drives
• Internal HR or compliance websites

Employers should note that there are remote labor law poster services that exist, which can make posting requirements an easy, much more hands-off process.

In addition, employers should actively inform employees where these notices are located and how to access them, as employers may not be considered compliant if employees are not properly notified about the electronic posting location.

Hiring Requirements

Certain notices, including FMLA and EPPA postings, must also be visible to job applicants.

If hiring and recruiting processes are conducted entirely online, employers may satisfy these requirements by making notices available through electronic applicant portals, career pages, or recruiting systems that applicants can access throughout the hiring process.

This is particularly important for employers with fully remote recruiting and onboarding practices.

Frequently Asked Questions (FAQ)

Are labor law posters required for remote employees?

Yes. Employers are still required to provide remote and hybrid employees with access to applicable labor law notices, even if employees rarely or never work onsite.

Can electronic labor law posters replace physical posters?

Electronic postings may fully replace physical posters only if all employees work exclusively remotely and employees customarily receive work-related information electronically. Hybrid workplaces typically still require physical posters at active worksites.

What is the difference between continuous posting notices and one-time distribution notices?

Continuous posting notices must remain accessible to employees at all times, while one-time distribution notices are provided directly to employees individually through methods such as email or onboarding systems.

Do hybrid employees still need access to physical posters?

Yes. If employees regularly report to a physical worksite, employers generally must continue maintaining physical labor law posters at that location.

How often must hybrid employees visit the office for physical posters to be considered sufficient?

According to DOL guidance, physical postings alone shall suffice if a hybrid employee visits the worksite at least 3–4 times per month. Employees visiting less frequently should also receive electronic access to required notices.

Is emailing labor law posters once enough for compliance?

Generally, no. For notices requiring continuous posting, employees must have ongoing and readily accessible access to the postings, not just a one-time email attachment.

Where should employers post digital labor law notices?

Employers commonly provide digital notices through company intranets, employee self-service portals, internal HR websites, or shared network drives that employees can easily access.

Get Started With Labor Law Poster Compliance for Remote Employees

Employers must provide posters to remote and certain hybrid employees, and luckily, Employer Pass has already found the best solution for businesses.

The remote labor law poster service helps you meet the DOL guidelines for remote and hybrid workers by:

• Putting the distribution of digital notices on autopilot, including the mandatory city and county notices
• Providing on-demand access to required digital posters with just one link
• Eliminating the need to update digital postings, which are updated by the system automatically

Employers can set up an account today to get started, or click below to continue learning about labor law poster services.