July 22, 2021-
The U.S. Department of Labor (DOL) rules for sending labor-law notices to remote workers mean trouble for your business, if you fail to comply.
With the increasing trend toward remote-workplaces as the result of the pandemic, the agency has requirements you might need to keep in mind.
The government-required posters featuring the Fair Labor Standard Act and other federal labor laws commonly found on walls in typical break-room workplaces don’t necessarily apply to remote workers.
It’s a complex matter for human resources, and it’s not just about the Family Medical Leave Act and the minimum wage.
There are six federal posters, as many as 15 state-specific posters with 10 extra local postings, industry-specific postings and rules for when to send the notices.
If you fail to comply, you face mega fines and increased penalties for so-called “willful violations (e.g. as much as $13,653 for each Occupation Health and Safety Administration poster violation).
Don’t be complacent
Avoid risk by carefully review your practices, if you haven’t reviewed your labor-law posters. Seriously, there have been more than 100 changes since 2020 not to mention all the state and local labor laws.
Here’s an excerpt of new DOL wording:
- Employers should continue to post hard copies at work, ensuring all workers have access to the notices. This helps satisfy a requirement to keep notices posted “at all times.”
- Strictly electronic posting is only allowed if all employees work remotely all the time, all communication is electronic and all employees have ready access to the electronic posting at all times.
- When some employees work onsite and others remotely, the posters must appear physically and be electronically available.
- For an electronic posting to meet access requirements, employees must be able to view a file without requesting permission.
- Employers must make sure they let employees know where and how to access the electronic notice. Just as with paper postings, the electronic version must be somewhere obvious, not in the electronic equivalent of a basement storage closet.
Incidentally, for best practices for your online employee handbook, include all posters. Also, a few times a year remind your workers to read them.
From the Coach’s Corner, here are additional HR tips:
Right Way to Implement Remote Working for New Hires — With the push for remote working that has been occurring for the past year and a half, employers need to recreate the process in order to fit the new landscape of working.
Management Responsibilities if Employee is FMLA Eligible — There are guidelines required of your business if your employees think they’re eligible for FMLA. See these business tips.
Secrets on Giving Performance Reviews to Remote Workers — Certainly, virtual performance reviews are needed for telecommuters. Video tools are vital in performance reviews. They’re very telling. Here’s why and how.
Your Expense and Tax Obligations with Remote Workers — While there are advantages for employers with a remote staff, there are numerous financial issues to consider when you employ telecommuting employees. You need a written agreement. Here’s an overview.
Guidelines to Meet FLSA Responsibilities for Remote Workers — As an employer, you have a myriad of responsibilities under the Fair Labor Standards Act (FLSA ) for exempt and nonexempt workers who work at home.
Is New Managing Approach Needed for Your Remote Staff? — If your company is relying on remote workers as the result of the coronavirus pandemic, you might need to be more astute in managing your staff. Here’s why and what you can do.
“Sometimes you get lucky and things are as easy as you had imagined, but that’s rarely the case.”