by Laura Pokrzywa
It’s no easy task to ensure compliance with the myriad of employment laws that cover your organization. Especially given the fact that those laws are constantly changing. Some of those changes are reflected in revised posting requirements as we have seen this month.
As of August 2016, the Fair Labor Standards Act poster, better known as the Federal Minimum Wage poster, must be replaced with the newly published revision dated July 2016. Changes include the removal of limits on penalties for non-compliance and the addition of information about an employer’s obligation to nursing mothers. Your old poster must be replaced with the new poster, which can be accessed via the link in our bullet list below.
Also available in that list is the newly revised Employee Polygraph Protection Act poster. The new poster, also published last month, no longer includes limits on civil penalties against employers who violate the Act.
Improper posting of some notices—or no posting at all—can result in citations or penalties. In order to remain legally compliant, employers must be aware of both federal and state requirements for posting employee notices. Not only do you need to know which posters are required for your business, but you’ll need to ensure they are not outdated and that they are posted appropriately.
Where to post: Notices that must be posted should be placed where employees can ‘readily observe them’. That may mean hanging them in the break room, by the time clock, in a regularly used meeting room, or some other conspicuous place. Where ever you know the employees that need to see it will see it. Some required notices do not need to be posted but can simply be handed to the covered employees. Follow the links below to learn which is which.
Federal posters: Not all federal statutes are applicable to all employers. Therefore, posting requirements will vary depending on company criteria such as number of employees, type of business, federal contracts, etc. To help you determine which Department of Labor (DOL) posters are required for you, the DOL has created a handy on-line tool called the FirstStep Poster Advisor. Click here to access the Advisor and answer a series of brief questions about your company. This survey will help you figure out what is required for your business.
Here is a listing of some of the most commonly required employee notices (listed by the related Act) along with the currently-accepted revision date:
- FLSA: Fair Labor Standards Act poster (July 2016)
- OSHA: Occupational Safety and Health Act poster (2015 or earlier) Please note: If you are in a state with an OSHA-approved state plan, there may be a state version of the OSHA poster. Federal government agencies must use the Federal Agency Poster.
- FMLA: Family and Medical Leave Act poster (April 2016, but Feb. 2013 may still be used)
- EEO: Equal Employment Opportunity poster (November 2009) and the new mandatory poster supplement (rev. Sept. 2015).
- EPPA: Employee Polygraph Protection Act poster (July 2016)
These posters, and others, can be downloaded or ordered, at no cost, from the DOL. Most of the posters are also available in languages other than English.
State posters: Don’t forget those state requirements. Most states also require posters that detail employees’ rights to the state minimum wage, equal pay, workers’ compensation, unemployment and other state-specific laws. Like the federal posters, these can be downloaded or ordered at no cost, from the state. For more information about state poster requirements, visit your state’s labor web site.
Need help finding more information or determining posting requirements for your company? Contact East Coast Risk Management. We offer Human Resource audits and consulting to help you ensure full legal compliance with posters, handbooks, records retention, hiring, FMLA administration and many other areas.
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