Labor Law Poster Compliance

Along the corridor off the company’s front entrance, hangs a shiny poster. This poster is often overlooked, but the information on the poster should not be. Once the shiny gleam of the poster catches an eye, panic sets in and questions commence, “Is my labor law poster up to date?”

With a new administration in the White House, federal and state laws are certain to change. Labor law posters define those federal and state employment-related laws which all employers must comply with in their places of business. These posters are designed to protect both the employee and the employer.

Within the past six (6) years, there have been over 260 mandatory labor law poster changes across the United States, with sixteen (16) already implemented in 2017. It is predicted that 2017 will bring an abundance of new state regulations and fewer federal regulations. Failure to update a labor law poster may result in fines (federal and state), lawsuits or citations. Provided below are several tips on how to avoid unnecessary violations:

• Ensure your labor law poster is specific to your company size, industry and state posting regulations. Labor law posters for federal contractors contain specific requirements.

• The following types of businesses are exempt from posting labor law posters: sole proprietor without employees; businesses with only contract employees; businesses with an all-volunteer work force; family owned businesses where all employees are related. While these entities are exempt, we recommend all businesses post a labor law poster.

• Labor law posters must be updated whenever federal, state and/or Occupational Safety and Health Administration (“OSHA”) agencies make any type of regulatory or legislative change. Updates to federal and state labor law changes, come in two forms, 1) Minor and 2) Mandatory. Mandatory updates must be reflected on the business’s updated poster. For minor updates, the previous version will remain in compliance should the employer choose not to update its labor law poster. To determine whether or not a federal or state change is mandatory or minor, employers should contact their state and federal agencies, the local Department of Labor office or Creative Business Solutions.

• Labor law posters should be displayed where employees report for work each day. Posting in several locations may be required if a business operates out of multiple locations. If the business employs individuals who telecommute or work in a field-type position, the requirement remains the same. This may require the employer to display the poster on a bulletin board at a construction site, or link the employers’ labor law poster to the business’ intranet.

• Labor law posters should be visible to all applicants, specifically the Employee Polygraph Protection Act (“EPPA”), the Family Medical Leave Act (“FMLA”) and the “EEO is the Law”.

• The most common federal labor law posting requirements include: Fair Labor Standards Act (“FLSA”); OSHA; EPPA; EEO is the Law; FMLA and the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The most common state posting requirements include: minimum wage; workers’ compensation; unemployment insurance; child labor; discrimination; FMLA and sick leave.

Creative Business Solutions specializes in ensuring each of our valued clients is in compliance with all laws and regulations applicable to their respective businesses. Please call us today and we will be pleased to assist you with any HR issue, including labor law poster compliance.

Sources:

http://newfocushr.com/2016/09/15/the-importance-of-labor-law-posters/

http://www.brighthubpm.com/resource-management/37859-project-human-resource-management-and-labor-law-posters/

https://www.complianceassistance.us/faqs.php

J.J. Keller & Associates, Inc. (2017). Are Your Posters Up-To-Date? How to Tell if Your Labor Law Posters Are in Compliance. SHRM Webinar.