With the spread of COVID-19 came a monumental shift to remote employment, which many businesses didn’t rely on before the pandemic. The increased dependence on a remote workforce brought a whole new set of challenges for business owners regarding labor laws. After COVID-19 was officially declared a pandemic, around 88% of international organizations either encouraged their employees to work remotely or made it mandatory. Ever since then, remote work has continued for many businesses, leading to concerns around basic requirements.
One of the many concerns that business owners have includes safety posters for remote workers. If you’re wondering whether safety posters are mandatory under labor laws for remote workers, we’ll review some of the requirements in place.
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What are the mandatory federal posters?
The Federal Department of Labor has made it a requirement for businesses in the U.S. to prominently display several labor law posters in the workplace. These posters provide details around specific topics such as health and safety, the federal minimum wage, and the Fair Labor Standards Act (FLSA), along with other key labor laws.
In addition to federally mandated posters, states and local governments may have their own requirements. Depending on where your business and employees are located, you may need to review the local laws in place regarding workplace posters. For example, California has specific poster and notice requirements, including mandatory IWC Order, Minimum Wage Order, Pay Day Notice, and Workers’ Compensation Insurance posters.
Can I get a list of posters in one place?
Multiple government entities currently issue posters at the federal, state, and local levels. They also change frequently, so it’s essential to check with each agency to ensure your posters are up-to-date. Keep in mind that the government isn’t required to notify employers of any changes made, so you may need to check for changes periodically to make sure your posters are still compliant.
You can find most posters online in free downloadable PDF forms that make it convenient for businesses and employees to print and post them.
Do remote employees need laminated posters on their walls at home?
As a business owner, you may be asking, “Do remote workers need safety posters at home?” While posters aren’t required to be posted in employees’ homes, it’s the responsibility of employers to communicate the same information to remote workers as their onsite employees.
Communication of all essential information must be done in either paper or electronic formats, depending on what business owners and their employees prefer. One of the advantages of working with a PEO is the ability to make this process both efficient and compliant. A PEO can implement a system that enables employees to receive electronic delivery of postings. Employees will then be free to view, acknowledge, and download these postings, maintaining compliance on your end.
If the employee works in a different state, which poster do they use?
Requirements for maintaining compliance may seem unclear if your employees work in different states. Generally, the laws where an employee works dictate employment rights, including minimum wage, health and safety, and overtime. What may further complicate matters is the overall structure of your organization. For instance, do your employees visit the office periodically? If so, having prominently displayed posters in the workplace should keep you compliant with federal regulations. On the other hand, for out-of-state employees, the laws in place for both your business location and the locations of your employees may apply.
Often, the best way to ensure compliance is to provide each employee with both the postings for your state and those of the employee’s location.
What is the penalty for not complying with labor law postings?
Employers must replace labor law posters and notices whenever there is a change in their language. If an employer fails to replace a poster with the updated version, they may be subject to certain penalties and fines.
Fines for each poster and agency will vary, but they typically amount to anywhere from $110 to $10,000. Employers will only see the maximum penalty if they are found to be either knowingly or repeatedly in violation of the law. While agencies typically won’t investigate or enforce postings directly, an agent investigating another matter may find discrepancies in postings while visiting a business’s location.
In some cases, employees may also choose to file lawsuits against employers if they discover that postings aren’t updated or aren’t displayed. Lawsuits can be not only costly for businesses, but they can also permanently tarnish their reputation.
Work with a PEO to Comply with Labor Laws for Remote Workers
Although remote employees may not be required to have labor law and safety posters in their homes, businesses still need to communicate the same information. At the same time, the employer’s headquarters should prominently display updated postings for onsite employees. By outsourcing HR to an experienced PEO, you can maintain compliance and make sure your employees know the labor laws that apply to them.
