Even in this digital age, where most, if not all information can be found online, there is one aspect of labor compliance that has not changed. The labor law poster. We’ve all seen them in break-rooms and cafeterias, or other common employee areas. They are not posted because someone didn’t get around to decorating the office and these seemed easy. These posters are required by both federal and state law.
So what exactly must be posted and where? Some industries may need additional posters so you will want to check to see what else may be required (for example, agriculture businesses have some some industry specific postings). Below are six federally required notices to be posted and provided to employees.
Employee Rights Under the Fair Labor Standards Act (FLSA/Minimum Wage)
Every private, federal, state, and local government employee must have this posted. This poster also contains information regarding overtime pay, but if you have employees who do not qualify for overtime pay, you can alter the poster to reflect this. There are no citations or penalties for not posting.
Job Safety and Health (Occupational Safety and Health Act/OSHA)
This must be posted by private employers conducting business affecting commerce. Federal, state, or political subdivisions of states are exempt. Failure to post can result in citations or penalties. If you are in a state with an operating OSHA-approved state plan, you should post the state’s equivalent poster. Failure to post can bring about penalties of up to $7,000.
Employee Rights and Responsibilities under the Family and Medical Leave Act (FMLA)
All public agencies, public and private elementary and secondary schools, private sector employers who employ 50 or more employees in 20 or more work weeks and are engaged in commerce or an industry or activity affecting commerce are required to post this. Refusal to post can result in fines not to exceed $100 for each separate offense. If your workforce is not English proficient, the notice must be posted in the language commonly spoken. It also must be readily seen by both employees and applicants for employment.
Equal Employment Opportunity (EEO)
Any entity with a federal contract, subcontract, or federally assisted construction contract of more than $10,000 must post this sign. Also, financial institutions who are issuing and paying agents for US savings bonds and notes as well as depositories of federal funds are required to post this. Failure to post may result in contract sanctions for uncorrected violations. This poster must be posted in a prominent place and seen by employees and applicants and should be sent to representatives of labor organizations if there is a collective bargaining agreement.
The Employee Polygraph Protection Act (EPPA)
This must be posted by any employer engaged in commerce or producing goods for commerce. Federal, state, and local governments are exempt. Other exemptions may be made for national defense and security reasons. The Secretary of Labor can bring court action and assess civil penalties for failing to post.
The Uniformed Services Employment and Reemployment Act (USERRA)
Employers are obligated to provide notice to those individuals covered under USERRA. This notice can be posted where other labor postings are, but to reduce costs, the employer can provide the full text of the notice to the employee directly or through electronic means. There are no citations or penalties but an employee can request that the Department of Labor investigate if this notice was not provided or can file a private action to have the employer provide it.
In Pennsylvania, the following state posters are also required:
Abstract of the Pennsylvania Child Labor Act: Required if minors are employed
Minimum Wage Law Poster and Fact Sheet
Pennsylvania Right to Know Law
Workers Compensation Insurance Posting
PA Clean Indoor Air Act Signage/No Smoking: For all employers identified under the PA Clean Indoor Air Act
Equal Opportunity and Fair Practices Notices: There are separate notices for Education, Employment, Housing, and Public Accommodations that may or may not apply to your business.
Some additional items to note. If you have remote employees, it is not required that they have these posted where they work, however, the EEOC says they should be provided to the employee electronically. If you have people who work out of the office or location part of the time, they should be made aware of where the postings are, but they do not need additional notification. Also, since laws frequently change, it is important to make sure that your postings are up to date and reflect current laws.
If you are unsure about what your business must post, please reach out to us at 610-340-1170 ext. 105.