Avoid penalties: Electronic workplace posters belong in the ‘break room,’ not the ‘custodial closet’

It’ll cost more in 2023 if you don’t display the required workplace posters. To complicate matters, electronic postings may be allowed, or even required.

Back before the rise of remote and hybrid workforces, the Department of Labor (DOL) released guidance on electronic postings. That was Field Assistance Bulletin 2019-3.

Making a digital poster available in an unknown or little-known electronic location was similar to hanging up a hard-copy notice in a custodial closet, the DOL analogized.

Of course, workplace posters must be displayed in a conspicuous place. If you’re in a physical building, that might be in a break room.

In 2020, when workers abruptly departed from their brick-and-mortar locations, that prompted the DOL to release more guidance. In Field Assistance Bulletin 2020-7, the DOL went into specifics on electronic posting requirements under several laws, including the Fair Labor Standards Act.

The DOL also said that, generally, electronic postings can supplement – but can’t replace – physical versions.

So, a business might make use of:

• an internet site
• an intranet site, or
• a shared network or file system.

But going completely digital isn’t allowed unless three conditions are met and apply to all employees:

1. They exclusively work remotely.
2. The employer customarily interacts with employees via electronic means.
3. The electronic postings can be easily accessed at all times.

Penalties employers now face

Fast forward to 2023. The DOL recently announced that the penalties for failing to display federal workplace posters – and in the correct way – have increased.

Take a look at these laws and the maximum penalties for recordkeeping violations:

• Family and Medical Leave Act (FMLA), $204 – up from $189
• Occupational Safety and Health Act, $15,625 – up from $14,502, and
• Employee Polygraph Protection Act (EPPA), $24,793 – up from $23,011.

Don’t forget: Certain posters, such as for the FMLA and EPPA, must be readily visible to employees and job applicants, too.

States and electronic workplace posters

You already have your hands full keeping up with the federal laws and regs, but now some states have started requiring electronic postings.

For example, New York employers must display posters in a conspicuous place on each floor of the premises, as they’ve done in the past. But now, effective Dec. 16, 2022, they also must make digital copies of workplace posters available through their website or by email. In addition, employers will need to notify employees that posters that are displayed physically are also available digitally.

Oregon is another example. The state’s paid leave poster provides information on the new paid family and medical leave insurance program. By Jan. 1, 2023, employers needed to make the Oregon paid leave poster available to employees at each worksite. In addition, the poster must be provided electronically or by mail to any remote employees.