National Labor Relations Board Issues Guidance Regarding Electronic Signatures

Electronic Signatures

On October 26, the National Labor Relations Board issued revised guidance regarding its acceptance of electronic signatures to support a showing of interest. The revised guidance requires electronic signatures to contain the following information: (i) the signer’s name; (ii) the signer’s e-mail address or other known contact information, such as a social media account; (iii) the signer’s telephone number; (iv) the language to which the signer has agreed; (v) the electronic submission date; and (vi) the name of the employee’s employer. If the electronic signature technology used does not support digital signatures that can be independently verified by a third party, then “the submitting party must submit evidence that, after the electronic signature was obtained, the submitting party promptly transmitted a communication stating and confirming” the required information. Electronic submissions should not include personal identifiable information, such as the signer’s date of birth and social security number. Finally, a declaration must be submitted with an electronic signature to: (i) identify the technology used and explain how its controls ensure the authenticity of the signature; and (ii) show that the electronically transmitted information explaining what and when the employees signed is the same information that the employees saw and agreed to.