WHD Issues Field Assistance Bulletin Addressing Electronic Posting Requirements

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The Wage and Hour Division (WHD) has recently issued Field Assistance Bulletin (FAB) 2020-7 to guide field staff regarding the electronic posting of required notices under specific criteria. Under the new guidance, as a matter of enforcement policy, WHD will consider electronic postings by employers to satisfy the employer’s requirement to provide employees with the required notice of their legal rights under various federal labor laws.

The WHD administers several statutes such as the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Service Contract Act (SCA), which include physical posting requirements. However, the WHD acknowledges that employers have to use virtual communications and telework arrangements to meet the challenges of the coronavirus pandemic.

As such, the WHD recognizes the need for electronic postings, and therefore, if a regulation requires posting at a worksite, in most cases, WHD will consider electronic posting an acceptable substitute for the continuous posting requirement where

• All of the employer’s employees only work remotely,
• All employees customarily receive information from the employer via electronic means, and
• All employees have readily available access to the electronic posting at all times.

Employers may now meet their posting obligations by using an email or via an internet or intranet website to reach employees if they meet all three of these specific requirements.

FAB 2020-7 may be found at https://link.zixcentral.com/u/16f6a963/cpe5wdBO6xGSTcUrh3soMg?u=https%3A%2F%2Fwww.dol.gov%2Fsites%2Fdolgov%2Ffiles%2FWHD%2Flegacy%2Ffiles%2Ffab_2020_7.pdf