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How Mandatory Labor Law Posting Compliance Affects U.S. Employers
Published on 3/16/2016 12:00:00 AM
Federal and State employment posters required for labor law posting compliance of employers.

Running a successful business involves a lot of different responsibilities, including labor law posting compliance. Federal and state laws require you to post certain notices informing applicants and employees of their workplace rights.

Specifically, federal law requires your business to post six separate employee notices (five if you have fewer than 50 employees company-wide). State laws, as well, require multiple employee postings. Depending on the state where you operate, this could mean posting up to 15 additional postings per state (for a total of 21 state and federal postings at each posting site).

It doesn’t stop there. If you’re a federal contractor or if your business is in the public sector, healthcare or food service industries, you’ll need to keep up with additional employee posting requirements. Further still, specific city and local postings may apply.

Mandatory federal postings for employers

If you’re a business with at least one employee, you’re required by law to display federal posters in a common area of your workplace frequented by employees and applicants.

You also have a responsibility to keep up with the latest posting changes. The government issues new or updated versions of federal postings whenever necessary to address new laws, procedures, administrative guidelines or new contact information. While it’s true that federal posting changes occur less frequently than state law changes, they have a greater impact because they affect nearly every employer nationwide.

Here are the six mandatory federal postings, including details on what the law covers, which businesses are affected and the agency that enforces the law:

1. Equal Employment Opportunity (EEO) Poster

Informs applicants and employees of Equal Employment Opportunity laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA) and the Equal Pay Act (EPA).

Who must post: Employers with 15 or more employees

Enforced by: U.S. Equal Employment Opportunity Commission (EEOC)

2. Fair Labor Standards Act (FLSA) Poster

Describes in detail the federal law regarding minimum wage, overtime pay, equal pay for equal work and child labor.

Who must post: Every private, federal, state and local government, company or organization with employees subject to the FLSA

Enforced by: U.S. Department of Labor – Employment Standards Administration

3. Family and Medical Leave Act (FMLA) Poster

Summarizes the major provisions of the FMLA and tells applicants and employees how to file a complaint.

Who must post: Public agencies (including federal, state and local employers), public and private elementary and secondary schools, and private employers with 50 or more employees.

Enforced by: U.S. Department of Labor – Employment Standards Administration

4. Occupational Safety and Health Administration (OSHA) Poster

Explains that employees are entitled to a workplace free from recognized hazards under the Occupational Safety and Health Act, with guidance on how to report workplace hazards.

Who must post: Private employers engaged in a business affecting commerce

Enforced by: U.S. Department of Labor – Occupational Safety and Health Administration

5. Employee Polygraph Protection Act (EPPA) Poster

Informs applicants and employees that employers are prohibited from requesting or requiring lie detector tests for employment purposes and from retaliating against them if they refuse to take lie detector tests.

Who must post: Any employer engaged in or affecting commerce, or in the production of goods for commerce

Enforced by: U.S. Department of Labor – Employment Standards Administration

6. Uniformed Services Employment and Reemployment Right Act (USERRA) Notice

Summarizes the rights and benefits under USERRA, the federal law pertaining to uniformed service members and their civilian employers.

Who must post: All employers

Enforced by: U.S. Department of Labor – Veterans’ Employment and Training Service

Compliance with additional state posting requirements

Beyond the six employee postings required by federal law, you need to be aware of the additional postings necessary under state law. In fact, depending on where your business operates, this could mean displaying up to 15 additional postings (for a total of 21 state and federal postings at each site).

Various state agencies issue up to 150 posting changes each year, with about 50 percent of them considered mandatory by law. Requiring either new postings or replacement of outdated ones, state-issued changes typically cover:

Workers’ compensation
Unemployment insurance
State minimum wage
Fair employment
Family/medical leave benefits
Whistleblower laws

Postings change frequently. And similar to federal postings, government agencies do not notify businesses when these changes occur. Rather, you’re responsible for keeping track of mandatory changes and displaying the most current version to avoid fines and other legal liability.

Need help keeping all this straight — and taking the right steps for your business? Check out this informative webinar: Posting Compliance Audit: Is Your Business at Risk? This 1-hour presentation features situations with special posting requirements and common mistakes to avoid — everything you need to know to meet the requirements and remain in compliance.

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FEATURED SOLUTION
 
Ashley Kaplan, Esq.
Hosted by Ashley Kaplan, Esq.,
Sr. Employment Law Attorney, ComplyRight, Inc.
We have a new president and Republican administration in the White House, which means big changes for employers in the coming years. In fact, if history proves correct, you can expect a sharp drop, or even rollback, of federal employment laws and regulations.
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