Telework has touched so many things in our world, and now the Department of Labor is reacting with some common sense guidance.  When so many workers are at their homes, how does an employer comply with the many (many) governmental requirements to post notices about employee rights?  Prior to COVID, the employer would post them in the break room.  But now, the “break room” is in each employee’s own home.

On December 29, 2020, the Wage and Hour Division of the DOL issued some guidance addressing the laws under its control.  Its general principles are as follows:

Laws that require a poster to be posted continuously (e.g., the wage and hour or FMLA poster):  The DOL will consider electronic posting an “acceptable substitute” if: (1) all of the employer’s employees exclusively work remotely, (2) all employees customarily receive information from the employer via electronic means, and (3) all employees have readily available access to the electronic posting at all times.  If an employer has both in-person workers and teleworkers, the DOL recommends both traditional hard copy posting and electronic posting such as on a company intranet.

Laws that require individual notices (such as the Service Contract Act):  The DOL will accept electronic delivery “only if the employee customarily receives information from the employer electronically.”

Generally, the DOL requires that the employer provide access to anything electronically posted and that it communicate to the employees about this access.  Employees know they can walk to the break room and see the posters.  In a new world of telework, employees need to receive communications about the location of, and how to access, this information electronically.  If the information is on the intranet, but no one knows of it, it is of no use and the DOL will not consider it properly posted or available to the employees.  The guidance has additionally law-specific information if you want to read more.

It’s August in Oklahoma. Families would ordinarily be buying school clothes and supplies, getting their children ready to head back to school. But there is nothing ordinary about 2020.

Oklahoma has no statewide mandate regarding schools. Across the state, school districts, charter schools, and private schools are making decisions – even as of this writing – as to whether and how to start the school year. Some schools have moved up their start date while others have pushed it back. Some schools will have in-person instruction five days a week, while others will have students in-person only on certain days, and others will have distance learning exclusively. Even for schools offering in-person instruction, many have suspended their afterschool care programs. And, of course, every parent has been told there could be changes.

While this is an extraordinary challenge and disruption for the parents and children of Oklahoma, it is likewise a challenge and disruption for Oklahoma employers. No article can address all of the scenarios Oklahoma families will face as they navigate these issues, but we wanted to touch upon the topic in hopes of preparing employers. Continue reading →

If you are an Oklahoma resident, you are no doubt aware of the possibility that on April 2 many school districts will shut down as teachers, administrators, and staff walkout in protest of the lack of education funding in Oklahoma.  Why is this an issue in an employer’s blog?  Well, we can discuss the need for an educated workforce or the economic benefits of a well-regarded educational system, but right now there is a more immediate concern – your employees with school-aged children.

On April 2, it is likely your employees with school-aged children will have to make alternative arrangements for those children or be absent from work.  This will undoubtedly be a significant stress on your employee (and, thus, on your company).  Continue reading →

By Kristen L. Brightmire on February 1, 2017

I don’t make New Year’s resolutions, but this year I made a decision.  I needed to try something new professionally. For years, I have admired my friend Jon Hyman’s blog, http://www.ohioemployerlawblog.com/p/about-jon-hyman.html.  While I am not going to attempt to replicate his by any means, I liked the idea of having a way to communicate more quickly.  So without further ado, the blog is launched.