E-Signatures

OD Comply E-Signatures  helps employers ensure electronic signatures in online, employment-related documents/screens are valid and enforceable.

OD Comply: E-Signatures is a one-time, flat-fee product* that includes:

  • Electronic consent language that complies with federal law (the Electronic Signatures in Global and National Commerce Act (“E-SIGN”)) and the electronic transactions acts of all 50 states and the District of Columbia
    • Electronic consent language to authorize use of e-signatures
    • Authorization valid for duration of employment
  • Memorandum explaining electronic consent requirements

Compliance with federal E-SIGN and various state mini-SIGN laws is important. Without appropriate e-signature disclosures and an applicant/employee’s electronic agreement to e-sign documents, screens, etc., the online e-signatures on those documents/screens can be invalid–which can mean the online documents were never “signed.” These are exactly the kind of technicalities that aggressive plaintiffs’ lawyers love, to form the basis for an easy class action and the recovery of possible backpay, statutory damages, and attorneys’ fees.

Here’s an easy way for you to check your current online e-signature language: if it doesn’t contain several paragraphs dealing with hardware and software requirements, how to obtain a hard copy of the online document, how to withdraw electronic consent, and several other required notices, the language may not satisfy relevant federal and state e-signature requirements.

For questions, additional details, or purchase information, contact the Ogletree Deakins attorney with whom you normally work or the Ogletree Deakins E-signature Team at esignatures@ogletreedeakins.com.

* A product (i.e., without ongoing updates), not a subscription (i.e., with ongoing updates during the subscription period), because e-signature law traditionally has not been as fluid as the areas of the law covered by the OD Comply subscriptions (e.g., background checks, employment applications, etc.). To obtain a valid e-signature, employers also must comply with any separate substantive law (e.g., if using an e-signature to acknowledge receipt/review for a health insurance SPD, employers must comply with ERISA), a separate topic not covered by this product.