Massachusetts plugs into electronic labor law posting trend

September 17, 2024

Massachusetts recently became the fifth state to add an electronic posting component to its labor law poster requirements.

The state made a mandatory change to its workers’ compensation Notice to Employees in late July, and employers need to display the updated posting in a visible location in the workplace.

If no such location exists (such as for remote workers), a letter from the state’s Department of Industrial Relations indicates that employers must either distribute the notice electronically or mail a copy to workers.

States requiring electronic posting

In addition to Massachusetts, four other states require one or more labor law postings to be electronically available:

Colorado: Minimum wage and paid leave postings must be made available to remote workers.
Illinois: The Your Rights Under Illinois Employment Laws posting must be made available to remote workers. In addition, the Paid Leave for All Workers Notice must be provided via the employer’s regular electronic communication method when they regularly communicate with employees via electronic means.
New York: All postings must be made available to remote workers.
Oregon: Paid Family and Medical Leave Insurance posting must be made available to remote workers.

Federal agencies recommend electronic posting

Two federal agencies also advocate using electronic posters for remote workers:

Department of Labor: This agency recommends using electronic posting for remote employees and allows electronic posting to satisfy posting requirements when all employees work remotely. The agency oversees the Fair Labor Standards Act, Family and Medical Leave Act, and Employee Polygraph Protection Act postings.
Equal Employment Opportunity Commission: This agency encourages employers to post the Know Your Rights: Workplace Discrimination is Illegal posting on company websites. The agency also notes that electronic posting may be the only method used when employees work remotely, or an employer does not have a physical location.

Key to remember: The trend toward requiring electronic display of labor law posters continues to grow, and employers should be aware of which states require some or all labor law postings to be shared electronically so they can comply with all posting requirements.

Publish Date

September 17, 2024

Author

Terri Dougherty

Type

Industry News

Industries

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