The Illinois legislature recently passed a law allowing for electronic posting of workplace notifications for remote employees. Illinois employers must conspicuously post several notices relating to employee rights in the workplace and this new law seeks to address the recent huge shift in workplace location. Illinois becomes the third state to either expressly require or allow electronic delivery of required workplace notifications, following California and New York, who passed laws to address discrepancies in 2021 and 2022, respectively.
Compliance Complications with Remote Workers
The increase in remote or hybrid work has created complications for employers who must comply with workplace notice laws. Typically, employers will post notices relating to employee rights in common areas, such as a lounge or break room, as required by state law. However, if an employee never comes into the office, they likely will never see these important notices. These new laws from states such as Illinois extend the notice requirements to accommodate remote employees by allowing for electronic posting.
In 2020 the U.S. Department of Labor issued a Field Assistance Bulletin allowing for electronic delivery of required notifications under “certain criteria”. New legislation from states gives employers more specificity about how they must accommodate remote workers.
Changes from the Illinois Law
The Illinois law, which goes into effect on January 1, 2024, states that Illinois employers who have remote employees, defined as “employees who do not regularly report to a physical workplace” must make specific required notices available through either 1) email distribution, or 2) conspicuous posting on the company’s website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees”.
Employee-friendly states are trending in the direction of requiring more electronic delivery of mandatory employee rights notifications to address the swing in employee movement from traditional office locations. Employers should review their current notification delivery practices to ensure that they are keeping compliant with all state and federal requirements. Experian Employer Services can assist employers in their required notice compliance requirements. Our Compliance Library ensures employees have access to all required postings and individual notices, by jurisdiction. Stay tuned to this space for further updates regarding employer compliance requirements.