Excerpted from Lexology by Reed Smith LLP

Federal law, as well as many state and local laws, require employers to display notices and posters in the workplace advising employees of their rights. With many employers operating remotely due to COVID-19, however, questions regarding these statutory posting requirements have arisen. In response, on December 29, 2020, the United States Department of Labor released guidance addressing the permissibility of providing the required postings through electronic means.

By way of background, no less than 15 federal laws, including the Fair Labor Standards Act, the Family and Medical Leave Act, and the Employee Polygraph Protection Act, require employers to display notices or posters in the workplace advising workers of their rights under such laws. Generally speaking, the notices or posters must be physically displayed in a conspicuous location that can be easily accessed by all employees (break rooms and cafeterias, for instance, are common locations for this).
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