How to comply with posting requirements for multi-state employees

By: Terri Dougherty

Publication: Employment Law & Regulatory Alert

Date Posted: 09/22/2022

Work from home provides flexibility, but things get complicated when an employee doesn't stay inone location.

Wherever they work, employees need access to labor law posters. When employees report to an office or another brick-and-mortar location, it's simple to display physical posters. But what happens when an employee works from home and, to complicate things further, spends part of the year working from a vacation home inanother state?

Electronic posting

When employees work remotely, electronic postings can make them aware of their rights under employment laws. If a company is completely remote, then electronic postings can fulfill federal postingrequirements.

When some employees work from home and some work at a physical location, then paper posters need to be hung on-site and electronic posters are recommended for remote workers.

Electronic posters can be displayed on a company intranet or saved in a shared file. They must be easily accessible toall employees.

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Which posters to provide?

On the federal side all employees need access to federal posters, and the same federal posters will apply to a company's entire workforce.

The state and local posters that apply will depend on where the employee is working.

When an employee reports to a physical worksite, the posters that are displayed relate to the site's location. For example, an office in Philadelphia, Pennsylvania, will have the posters for Philadelphia and Pennsylvania displayed, as well as federal posters.

The same concept applies to remote workers. An employee who works remotely in Philadelphia should have access to Philadelphia and Pennsylvania posters in an electronic format.

One worker, multiple states

When an employee spends part of the year working in one state, and part of the year in another, posters from both locations may apply.

Whether or not an employee needs access to posters depends on how long the employee is working in the state, and which laws apply to the employee. While specific requirements vary by state, questions to ask can include, "Do we pay unemployment insurance taxes to this state for this employee? Is the employee covered by the state's workers' compensation law?"

Each posting is required under a different law, so if a state law applies to that employee, then the posting requirement will apply to the employee. The employer should make the electronic posting available.

About the author
Terri Dougherty - Human Resources Editor

Terri Dougherty focuses on labor law posters, drug testing, marijuana legislation, and employee wellness.

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