Remote and hybrid work can complicate labor-law posting obligations, but an electronic notice does not automatically replace every physical workplace poster. Employers should identify each applicable federal, state, and local requirement, determine who must be able to see the notice, and confirm whether the rule requires continuous posting, individual delivery, or both.
The U.S. Department of Labor’s Wage and Hour Division addresses electronic posting in Field Assistance Bulletin 2020-7. The underlying statutes and regulations—not the bulletin alone—control. Employers should verify current requirements and obtain legal advice for their workforce and locations.
Can Electronic Labor Law Posters Replace Physical Posters?
Sometimes, but not as a universal rule. For several continuously posted federal notices discussed in FAB 2020-7, electronic posting may satisfy the requirement when all employees work exclusively remotely, all customarily receive employer information electronically, and all have readily available access to the posting at all times.
When an employer has an on-site or hybrid workforce, electronic access generally supplements rather than replaces required physical notices. Employees who report to a workplace should be able to see required posters in the location specified by the applicable rule.
Federal Posting Requirements to Review
| Notice or Law | General Remote-Work Consideration | Source to Verify |
|---|---|---|
| Fair Labor Standards Act (FLSA) | Covered employers must post and keep posted the official notice. FAB 2020-7 describes limited circumstances in which electronic-only posting may satisfy the requirement for an exclusively remote workforce. | DOL FLSA poster |
| Family and Medical Leave Act (FMLA) | Covered employers must display the general notice for employees and applicants. Fully remote hiring and work require readily accessible electronic placement; hybrid workplaces should review physical and electronic access. | DOL FMLA poster |
| Employee Polygraph Protection Act (EPPA) | Covered employers should review FAB 2020-7 and the official poster instructions before relying on electronic access. | DOL EPPA poster |
| Service Contract Act notices | Federal service contractors may have posting or notice duties tied to covered work and employees. | DOL SCA resources |
| EEOC “Know Your Rights” poster | The EEOC encourages covered employers to post digitally in addition to physical posting. For employees who work remotely and do not regularly visit a workplace, electronic posting may be the only practical posting. | EEOC poster guidance |
This table is not a complete poster inventory. Other federal requirements may apply based on employer size, industry, federal-contractor status, workforce characteristics, or specific programs.
A Remote Employee Labor Law Poster Checklist
1. Build a Requirement Inventory
List every jurisdiction where employees work, not only where the organization is headquartered. Review federal, state, county, and city requirements, along with industry and federal-contractor obligations. Record the notice name, covered employees, required language, posting location, current version, owner, and review date.
2. Classify the Workforce by Access Pattern
Separate employees who work entirely remotely, work on-site, follow a hybrid schedule, travel between locations, or work at customer sites. Include applicants when a notice must be available during hiring. The posting method should reflect how each covered group actually accesses employer notices.
3. Keep Physical Posters Where Required
Do not remove physical posters merely because an intranet page exists. Review each rule and maintain current notices in conspicuous locations where covered employees and applicants can readily view them. Multi-site employers should check every establishment.
4. Create a Readily Accessible Electronic Notice Center
Place electronic notices where employees customarily receive workplace information, such as the main intranet, employee portal, or HR system. Access should not require employees to request permission or search through unrelated files. Use a stable link, clear label, and mobile-accessible format.
Electronic notices should be readable by assistive technology. The EEOC provides screen-reader and HTML versions of its poster and explains accessibility considerations for employees and applicants with disabilities.
5. Notify Employees Without Treating Email as the Entire System
Tell employees where notices are located and how to obtain assistance or an accessible version. Email can communicate a new or revised posting, but a one-time message may not satisfy a requirement to “post and keep posted.” Maintain ongoing access for continuously posted notices.
6. Verify Languages and Current Versions
Some jurisdictions or programs require notices in specified languages; in other situations translated notices may be needed for meaningful access. Use official government files rather than an outdated saved copy. Record the revision date and replace superseded versions promptly.
7. Document the Review
Maintain an inventory, screenshots or photographs of posting locations, file versions, update dates, and the person responsible. Periodically test links and access from employee devices. Documentation supports administration but does not cure an incorrect or inaccessible posting.
Common Remote-Posting Mistakes
- Assuming one federal poster covers state and local requirements
- Using electronic notices as a substitute in a hybrid workplace without checking each rule
- Hiding posters behind permissions employees do not have
- Sending a one-time email for a continuously posted notice
- Forgetting applicants, field employees, or employees at small locations
- Keeping an outdated poster after an agency publishes a revision
- Failing to provide accessible or required translated formats
- Relying on a vendor package without verifying coverage and currency
How Often Should Employers Review Posters?
Review notices when laws or agency materials change, the organization hires in a new jurisdiction, the workforce changes between remote and on-site work, a location opens or closes, or responsibility moves to a new owner. A periodic scheduled review can catch broken links and superseded files, but it should not replace event-driven updates.
The Department of Labor maintains a central workplace posters page. State and local agencies should be checked separately.
Connect Posting Compliance to the Broader HR Process
Poster administration should be included in onboarding, location setup, remote-work policy review, HR audits, and compliance ownership. JER HR’s HR audit services and HR risk assessment services can help organizations review notice practices alongside related records and policies.
Contact JER HR Group to discuss a structured review of HR posting and compliance processes.
This article provides general information, not legal advice. Posting requirements vary by law, coverage, jurisdiction, workplace, and workforce. Consult qualified counsel about specific obligations.
