54030 Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations example, they ask whether an employer postings required under the final rule employers be allowed to choose to that occasionally uses text messaging or _ will be those on internet or intranet maintain the Department of Labor’s Twitter to communicate with employees _ sites. notice, although another comment would have to use those technologies Many comments address the asserts that employees might think that and, if so, how they would be able to characteristics of electronic posting, as __ the notice is no longer applicable comply with the rule, in view of the prescribed in § 104.202(f). In the NPRM, _ because of the lack of a current contract. length restrictions of these media. The the Board proposed not to prescribe the Another comment raises the possibility U.S. Chamber of Commerce raises the size, clarity, location, or brightness of an that either the Board or the Department same issue regarding faxing, voice mail, _ electronic notice or link to the notice, of Labor could decide to change its and instant messaging. The National but rather require that it be at least as notice and emphasized that they need to Roofing Contractors Association notes prominent as other electronic notices to be identical in order to provide the safe that some employers use email to employees, as the Department of Labor’s harbor. The Board responds that a communicate with certain employees, rule requires. No comments suggest Federal contractor that complies with while other employees have no access to more specific requirements; the the Department of Labor’s notice- email during their work day. As to email Michigan Health & Hospital Association posting rule will be deemed in communication itself, an individual argues that such requirements would compliance with the Board’s observes that many employees change result in inadvertent noncompliance. requirement.135 jobs every 3 to 4 years, and an email The