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.

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