On Dec. 29, 2020, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin 2020-7, which addresses when the DOL will consider electronic posting by employers (by email, or an internet or intranet website) sufficient to provide employees with required notice of their statutory rights under a variety of federal labor laws.

The Bulletin was issued in response to employer questions about the use of electronic means to post notices under the following laws, as more employees work remotely due to the COVID-19 pandemic:

• 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).

This Compliance Bulletin summarizes the current statutory and regulatory posting requirements, and explains how electronic means of satisfying these requirements can be achieved pursuant to the DOL guidance.

DOL Issues Guidance on Electronic Posting of Labor Law Notices