U.S. Department Of Labor Issues Guidance On Electronic Posting Of Required Notices Of Employees’ Statutory Rights

On December 23, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued a Field Assistance Bulletin (Bulletin) providing guidance to field staff regarding the electronic posting of required notices to employees of their statutory rights given that many employees are currently working remotely due to the COVID-19 public health emergency.  The WHD contains the specific information as to when and under what circumstances an employer may use electronic means, such as email, postings on the internet, or intranet website, and posting on a shared network drive or file system, to provide employees with the required notice of their statutory rights under the following statutes and their regulations:

1. The Fair Labor Standards Act (FLSA);
2. The Family and Medical Leave Act (FMLA);
3. Section 14(c) of the FLSA (Section 14(c));
4. The Employee Polygraph Protection Act (EPPA); and
5. The Service Contract Act (SCA).

The WHD noted that, generally, providing notice to employees through electronic means is in addition to the legal requirement to post a hard copy of the notice in appropriate places in the workplace.