Electronic signatures or e-signatures are an increasingly essential tool in today’s technology-dependent workplace, especially for employers that are hiring remote workers. While state and federal law generally recognizes e-signatures to be as valid as traditional written or “wet” signatures, there are certain disclosures and processes that are required that may be challenging for employers.
When many think of e-signatures, they imagine using a mouse, a stylus, or their finger to sign a screen, but the legal definition of an e-signature includes a much broader set of actions, including digitally checking a box, a mouse click, or typing a name into a field. Notably, the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) defines an e-signature as “an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.”
Employers are using e-signatures for executing hiring documents, acknowledging arbitration agreements, and establishing the receipt of employee handbooks and workplace policies. Many in today’s workforce are likely accustomed to using e-signatures in a number of contexts, but there are certain legal requirements for the use of e-signatures that would ensure their validity in the face of potential employment disputes down the line.
The E-SIGN Act and state laws generally establish that...
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