In order to remain compliant with various federal regulations, employers are required to distribute many notices throughout the year. A lot of employers find it easier to use electronic means to distribute notices, but many are surprised to find there are requirements that must be met in order to do this:
- Employees must affirmatively consent to receiving documents electronically.
- Before consenting, they must receive a clear statement describing the types of documents to which consent would apply.
- Before consenting, they must also be informed that consent can be withdrawn at any time, and that they have the right to request and receive a paper version of the document.
Notices can be distributed electronically if:
- Timing requirements are met (as outlined by the Department of Labor), and
- A notice is included with the document explaining the significance of the document. The notice must also advise employees of their right to request and receive, free of charge, paper copies of the document.
- The electronic distribution should be sent return-receipt.