Why Labor Law Posting Compliance Is Not a Once-a-Year Endeavor … and How to Manage It

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

If you’re new to this business obligation, you may tend to downplay the importance of it — or think that you can tackle it on January 1 and be done with it. But the reality is that labor laws change frequently throughout the year, and maintaining compliance demands year-long attention.

What Federal Labor Law Posters Are Required?

As a foundation, all U.S. employers are required to post up to six federal postings (five if you have fewer than 50 employees company-wide).

Here are the six mandatory federal postings, including details on what the law covers 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).

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

2.    Fair Labor Standards Act (FLSA) Poster

Describes the federal law regarding minimum wage, overtime pay, and child labor.

Enforced by: U.S. Department of Labor – Wage and Hour Division

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 (applicable to private employers with 50 or more employees).

Enforced by: U.S. Department of Labor – Wage and Hour Division

4.    Occupational Safety and Health Act (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.

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.

Enforced by: U.S. Department of Labor – Wage and Hour Division

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.

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

All U.S. employers are required to post up to six federal postings (five if you have fewer than 50 employees company-wide).

Satisfying Additional State and Local 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 16 more postings (for a total of 22 state and federal postings at each site).

State-issued postings typically cover:

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

And it doesn’t stop there. Today, businesses must also manage city and county posting requirements, as well as potential additional postings for government contractors and certain industries.

Year-Long Attention Is Necessary

That’s a lot of postings to pull together, right? But as long as you secure them at the beginning of the year, you’re good, right? Unfortunately, no. It’s not enough to obtain the necessary federal, state and local postings on January 1, and then just go about your business. You also have a responsibility to keep up with the latest posting changes, however frequently they occur in the year. Government agencies will issue new or updated versions of postings to address new laws, procedures, administrative guidelines or new contact information. And while it’s true that federal posting changes arise less often, there are approximately 150 state-specific posters changes per year — with 50 percent of them requiring mandatory replacements.

It’s up to every U.S. employer to keep track of these changes and display the most current postings to avoid fines and legal liability.

Poster Guard® Compliance Protection Protects Your Business Year-Round

It’s understandable if you need help keeping all this straight — and taking the right steps for your business. With Poster Guard® Compliance Protection, you receive a complete federal, state, city and county (if applicable) poster set for immediate compliance. Our legal team continually monitors all legislation and regulatory activity to identify and interpret any potential posting changes. Whenever a new mandatory posting is issued, your affected locations will be notified and automatically shipped completely new and/or updated posters. It’s 365 days of worry-free compliance that takes the pressure off your business so you can attend to other business matters.