Starting on July 20, employers can comply with current Ohio law requiring the posting of certain state labor law notices by publishing them online on an internal company website, intranet or internal HR portal, provided the information is readily accessible to all employees. The applicable notices are as follows:
- Ohio Minor Labor Law Notice
- Ohio Minimum Fair Wage Standards Law Notice
- Ohio Civil Rights Law Notice
- Ohio Prevailing Wage Law Notice
- Ohio Workers’ Compensation Notice
- Ohio Public Employment Risk Reduction Program Notice
Why Are These Changes Happening?
These changes are a result of Ohio Senate Bill 33, signed by Governor Mike DeWine on April 21. Employers are currently required to physically post the notices in a conspicuous workplace location (e.g., breakroom, lunchroom, bulletin board). The new law recognizes the realities of a modern workplace where employees may be frequently traveling, working remotely, or at client sites. Ohio is the first state in the country to make this change.
What Should Employers Do?
Employers that wish to take advantage of online posting need to establish a secure and accessible area for publishing the notices and communicate the changes clearly to their employees or, with respect to the Ohio Prevailing Wage Law Notice, their contractors. Employers may do so in any manner that clearly states the notices will now be online—it is best practice to use multiple methods of communication. Failure to notify employees of the change, however, would place an employer out of compliance. Employers may also choose to both maintain physical notices and post the notices online.
It is important to note that while certain notices may be posted online, other notices must still be posted physically. For example, while not a well-known requirement of the current law, Ohio’s Minor Labor Law Notice still mandates the physical posting of a list of all minor employees. Additionally, the Ohio Civil Rights Law Notice must be available to the public if posted online—yet it does not need to be accessible to the public if posted physically. Importantly, all required federal law labor notices must still be posted physically.
Employers should consider whether posting the notices online will save time and resources or would be more accessible to employees. Employers thinking of implementing the change should examine their systems and evaluate their options for posting the notices before sending updates to their workers.
For more information, please contact the authors or any attorney in Frost Brown Todd’s Labor and Employment practice.