Yes! You must display labor posters in your workplace.
I know, they are not always pretty to look at and you may think no one reads them anyway. However, these posters are legally required and can cost you thousands of dollars in penalties and fines for failure to comply with the requirement. Labor posters are notices that all employers are legally required to conspicuously post in a common area that is frequented by all employees and must remain visible at all times.
What you need to know-below are a few of the frequently asked questions I receive from clients.
Do I need to display/post labor posters if I am a small employer?
Yes. Every private, federal, state and local government employer employing any employee is required by the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 to follow posting requirements.
What labor posters should I display?
There are federal and state labor poster requirements. The US Department of Labor provides a ‘Poster Advisor’ on their website designed to help you comply with the federal poster requirements. The link to their Advisor page can be found here. Additionally, each state has different posting requirements. The list of New York State Posting Requirements can be found here.
Where should I display my labor posters?
Employers should display the posters in a common area such as a lunch room, break room, conference room, employee lounge, kitchen, near a time clock, or any other location employees are likely to frequent daily and view them.
Do I need to write anything on the posters?
Yes, some postings require employers to add information. This information is usually company-specific, such as an emergency phone number, payday information or worker’s compensation policy information.
Can I simply scan and print the required posters in a binder and make sure that binder is available to all employees?
No. Generally, federal workplace posters required by the Department of Labor must be displayed or posted in a conspicuous place where they are easily visible to all employees.
Can I provide electronic versions of the posters to meet posting requirements?
No. In general, posters must be displayed in conspicuous places at the employer’s premises where they are always visible to all employees and in some cases, candidates as well. It is not likely that posting them electronically would meet the requirements.
Keep in mind:
- Specific posters must be displayed at certain sizes and should not be edited or reduced in size. (i.e. the federal Occupational Safety and Health Act (OSHA) poster must be at least 8-1/2 by 14 inches).
- Electronic versions of the posters do not meet the posting requirements. If the physical posters are also on display, it is acceptable to have electronic versions available as well.
- There are requirements on some of the posters that state the posters can’t be covered by any other poster or notice, which is why supplying labor law posters in a book form has not permitted by government agencies in the past. This also applies to posting only on a company intranet.
- Having outdated posters does not constitute compliance. You must ensure you are posting the most recently required posters.
For employees who work off-site or are remote employees, can I scan and shrink the law posters for them?
No. It is unlawful for some posters to be resized. Some poster laws include a size requirement and may require the poster text to be a certain font size. A company should only post these notices on their intranet in addition to the published government notices for the sake of informing employees of their rights under the law, but to ensure compliance, you must at least post physical paper copies of the notices in an area frequented by all employees.
Can I get labor posters for free?
Yes, both the federal and state websites provide printable notices for your convenience. This process will require you not only print each & every required notice, but also update whichever notice has expired with the latest one. Who has time for that? Accordingly, I always advise clients to purchase the posters from a third-party vendor to ensure they are posting all the required notices and receive notifications from the vendor of any changes or updates required. The vendor issued posters usually come in full-color and are laminated. Some vendors allow you to purchase a membership where they automatically mail you updated posters if something changes. This route ensures you always remain compliant.
What are the consequences for failing to display the required labor posters?
- Failure to post required state and federal employment law notices can result in fines of more than $35,000. Here are a few examples:
- The maximum penalty for violating the Occupational Safety and Health Administration (OSHA) posting requirement is $13,260.
- An employer who violates any provision of the federal Employee Polygraph Protection Act of 1988, including the posting requirement, faces a fine of up to $21,039.
- The penalty for failing to display the Equal Employment Opportunity is the Law posting (required for employers with 15 or more workers) increased to $559 in 2017.
- Employers with 50 or more workers are required to display the Family and Medical Leave Act (FMLA) notice, and the penalty for willful refusal to display it is $173.
- State posting requirements also carry penalties for failing to post required posters.
FOOD FOR THOUGHT
- Are you displaying the required labor posters in your workplace?
- Are your labor posters displayed in a conspicuous place, where they are visible at all times?
- When was the last time you updated your labor posters?