Labor Law Posters: Hang ’Em High

08/20/08

You know you have to post information about certain labor laws. But even veteran employers don’t often know exactly which posters they need to hang on the wall or bulletin board.

Federally mandated posters are designed to inform employees of their rights under various employment laws. Employers must post such notices in a conspicuous place — in each separate work establishment — where employees can read them easily.

The government takes your responsibility to post these notices seriously. Neglecting to do so can result in citations and/or penalties ranging from the hundreds of dollars to the thousands.

The Big Five: Mandatory Posters
Nearly all employers must post notices regarding these laws:

FLSA. This poster describes the minimum wage, overtime, and child labor provisions of the Fair Labor Standards Act. Most private employers are covered by the FLSA, either because gross receipts exceed $500,000, or because they engage in interstate commerce. Schools, hospitals, and government entities are also covered, regardless of revenue volume.

OSHA. The Occupational Safety and Health Administration requires a poster describing the rights of all employees to a safe and healthful working environment. Most employers are covered by the OSH Act or one of its variants, regardless of size. Many states have their own OSH programs, in which case you’ll need a state safety poster.

EEO. The equal employment opportunity poster covers all the major employment discrimination laws — Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act (EPA). Note: Title VII and the ADA cover employers with fifteen or more employees, and the ADEA covers those with more than twenty, but the EPA covers most employers regardless of the number of employees. So it’s a good idea to post an EEO poster no matter how many employees you have. Note: the EEOC recently revised this poster; you may need an update.

FMLA. This poster describes the Family and Medical Leave Act and tells employees how to take advantage of the law and how to file a complaint. The FMLA generally covers employers with fifty or more employees, as well as all schools and state and local public agencies. The regulations regarding who can take FMLA leave can be complex, but covered employers need to post an FMLA notice, regardless of whether employees at a particular work site are eligible.

EPPA. The Employment Polygraph Protection Act prohibits, with a few exceptions, the use of lie detector tests. The Act covers most private employers, but not federal, state, and local governments.

Mandatory Posters — For Some
Depending on your industry or whether you have government contracts, you may need to post notices on these laws:

MSPA. Many agricultural employers, farm labor contractors, and agricultural associations are subject to the Migrant and Seasonal Agricultural Worker Protection Act. Those that are, and who employ migrant or seasonal agricultural workers, need to post a notice explaining employee rights and protections under the MSPA.

Disabilities/Special Minimum Wage. Some employers hire disabled workers under special certificates authorized by the FLSA, McNamara-O’Hara Service Contract Act, or the Walsh-Healey Public Contracts Act. This allows them to pay a subminimum wage. Those that have such employees on the payroll need to post a notice that explains the circumstances under which special minimum wages may be paid.

Davis-Bacon Act. This Act and its posting requirements cover those engaged in federally funded or assisted public building or public works projects valued at $2,000 or more. The poster describes regulations regarding prevailing wage rates, overtime regulations, and more.

SCA/Walsh-Healey Act. The Service Contract Act (SCA) and the Walsh-Healey Public Contracts Act cover employers who do service work or provide goods under government contracts of a certain value. Among other things, these laws specify the minimum wage rates to be paid.

State Posting Requirements
Your posting obligations don’t end with U.S. government regulations. Your state imposes obligations as well, possibly requiring notices on unemployment insurance, workers’ compensation, harassment, or fair employment. States often have higher minimum wages than the federal government’s $5.15 an hour. For a rundown of your state’s requirements, log on to Poster Tracker.

Stay In Compliance — Guaranteed
G.Neil has a number of options to make sure you have the latest posters. The Federal Easy-Post™ Labor Law Poster cleans up your bulletin board in no time with a multi-colored, laminated poster which provides coverage for all five mandatory federal postings and the updated USERRA mandatory notification AND adds these important additional postings to offer you extra protection against potential fines and lawsuits:OSHA Workplace Injury and Illness Reporting Act, Employment Eligibility Notice (I-9), and Drug-Free Workplace Notice.

The Complete Federal and State Kit provides every poster you need — with your choice of individual state poster or the State EasyPost which consolidates your state posters to get rid of clutter.