How to get Your Hybrid or Remote Employees Under Compliance

Federal and state workplace posting requirements can still apply when employees work remotely or on a hybrid schedule. Depending on the law, the employee's work arrangement, and the state where they perform their work, employers may need physical labor law posters, electronic notices, or both.

All In One Poster Company offers ePosters to help employers provide electronic access to required federal and state labor law notices for remote and distributed teams.

Labor Law Poster Requirements for Remote and Hybrid Employees

Remote work changed where employees do their jobs. It did not eliminate the employer's obligation to keep them informed of their workplace rights. Whether your team is fully remote, hybrid, or entirely on-site, understanding how posting requirements apply to each arrangement is an important part of staying compliant.

What Federal Guidance Says About Electronic Posting

In December 2020, the U.S. Department of Labor's Wage and Hour Division issued Field Assistance Bulletin 2020-7, which addresses when electronic posting can satisfy notice requirements under certain federal laws, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Employee Polygraph Protection Act (EPPA), and the Service Contract Act (SCA).

Under that bulletin, in most cases electronic notices supplement but do not replace the requirement to post a hard-copy notice. For certain continuous posting requirements, the DOL will consider electronic posting an acceptable substitute only when all three of the following conditions are met:

• All employees exclusively work remotely.
• All employees customarily receive information from the employer electronically.
• All employees have readily available access to the electronic posting at all times, without having to request special permission to view a file or access a computer.

Where some employees work on-site and others work remotely, physical posters remain required at the worksite. The DOL encourages employers in that situation to supplement physical posters with electronic access for remote employees. The bulletin also makes clear that employers must inform employees of where and how to access required notices electronically. Posting in an obscure or little-known digital location does not satisfy the requirement.

State Electronic Labor Law Posting Requirements

Several states have established their own rules for providing workplace notices to remote and hybrid employees. The requirements vary significantly by state. Some are broad mandates that apply to all employers, others are limited to specific notices. Here is where each state with an explicit rule currently stands.

California

Under California Labor Code Section 1207, enacted via Senate Bill 657 and effective January 1, 2022, employers may distribute required notices to employees by email as an attachment in addition to physical posting. The law explicitly does not remove the obligation to physically display required posters in the workplace. For employees who work entirely from home, some legal guidance suggests the physical posting obligation may extend to the employee's home worksite, making email distribution a supplement rather than a full substitute.

New York

Under New York Labor Law § 201, as amended in December 2022, employers are required to make digital versions of all mandatory workplace postings available to employees, either through the employer's website or by email. The statute extends this requirement to all documents required to be physically posted at a worksite under state or federal law or regulation. Employers must also notify employees that these postings are available electronically. This requirement applies to all New York employers, not only those with remote workers, and is in addition to the existing requirement to display physical posters.

Illinois

Under Illinois Public Act 103-0201 (House Bill 3733), effective January 1, 2024, Illinois employers with employees who do not regularly report to a physical workplace are required to provide certain required notices electronically. The law covers four specific notices: the Illinois Minimum Wage Law, the Illinois Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, and the Illinois Child Labor Law. Employers may satisfy this requirement by email or by conspicuous posting on a company website or intranet that is regularly used to communicate work-related information. Physical posting requirements remain in effect for any regular worksite.

New Jersey

New Jersey Administrative Code 13:8-1.2 provides that if an employer has a website or intranet accessible to all employees and customarily posts notices electronically, posting the required Law Against Discrimination (LAD) poster on that site satisfies the physical posting requirement. Separately, covered employers must also provide each employee with a written copy of the LAD poster annually, by email, printed material, or through an accessible website or intranet. A parallel requirement applies to the New Jersey Family Leave Act poster. These rules apply specifically to those two posters; other New Jersey notices continue to have physical posting requirements.

Rhode Island

The Rhode Island Department of Labor and Training states on its official required workplace posters page that employers with remote or telecommuting employees may satisfy the posting requirement for those off-site workers by emailing or texting them a link to the DLT's required workplace posters webpage at dlt.ri.gov/employers/required-workplace-posters. Physical posters must still be displayed at any worksite where employees are present.

Oregon

Oregon employers are generally required to display workplace posters at each Oregon worksite. For the Paid Leave Oregon program specifically (effective January 1, 2023), employers must provide the required notice electronically or by mail to remote employees who do not report to a physical worksite. Oregon BOLI does not currently issue a blanket electronic posting rule covering all state notices, so employers should verify the delivery requirements for each individual Oregon notice.

Washington State

The Washington State Department of Labor and Industries advises that employers may either mail a set of posters to remote employees or email them a link to the required posters and instruct the employee to print a copy for their own records. Washington has not enacted a specific statute addressing electronic posting for remote workers; this reflects agency level guidance rather than a formal legal requirement.

What Employers Should Know

• Electronic posting does not automatically replace physical posters. Whether a digital notice satisfies a posting requirement depends on the specific law, the notice involved, and the employee's work arrangement.
• Accessibility matters. Under federal guidance, employees must be able to access electronic notices at any time without requesting special permissions or computer access.
• Notices must stay current. When a required federal or state notice receives a mandatory update, employers must update both physical and electronic versions, just as they would replace a poster on a physical wall.
• Employee work location determines which state's rules apply. Remote employees are generally covered by the posting requirements of the state where they perform their work, which may differ from where the employer is headquartered. Multi-state employers should evaluate requirements for each employee's work location individually.

Where Can I Find More Information?

For electronic labor law poster solutions for remote and hybrid employees, visit the All In One Poster Company ePoster page.

Employers determining which federal workplace posters apply to their business can visit the DOL website for the full text of Field Assistance Bulletin 2020-7. State-specific posting requirements can be found through each state's department of labor.

Labor law posting requirements can change throughout the year. Read more about Labor Law Poster Requirements blog to learn which federal, state, and local notices may apply, where posters should be displayed, how remote and hybrid employees are affected, and when an updated notice may require a replacement poster.