You know that you have to post various notices that explain to your employees their rights under various laws. But merely posting isn’t enough.
First of all, required notices must be posted prominently and conspicuously where they can be readily seen by both employees and applicants for employment.
Second, you need to be sure that the posters stay posted, and don’t get ripped down to make room for a garage sale notice. That probably means assigning someone the role of making at least a monthly check to be sure that required posters are still visible.
Third, you need the current poster.
Fourth, if your employees don’t speak or read English, you may be required to post information in a language they can understand.
Finally, remember that simply posting regulatory requirements does not mean you’ve met all your obligations; you are still responsible for compliance and enforcement.
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Failure to post the required notices may result in significant penalties and fines. It also hurts if you are defending claims of discrimination, violations of wage and hour laws, and other similar claims. If you are sued, you need to show that the required posters are displayed. If they are not, that will indicate that you have a very casual attitude about the laws in question.
In addition to the federal posting requirements, employers should also review state requirements. Here, courtesy of HR.BLR.com®, is a rundown of the main poster requirements. (Individual posters are available from the various regulatory agencies responsible for their enforcement. Some posters are available from BLR®
Consolidated EEO Poster
Who must post: All employers that are covered by the federal nondiscrimination and equal employment opportunity (EEO) laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, and laws protecting veterans from discrimination.
What must be posted: Employers must display the “Equal Employment Opportunity is the Law” poster.
Employee Polygraph Protection Act
Who must post: Employers engaged in interstate commerce. The phrase “interstate commerce” is defined broadly to include virtually all private employers.
What must be posted: A notice that informs employees and applicants that under the Employee Polygraph Protection Act (EPPA) employers are prohibited from requesting or requiring lie detector tests for employment purposes and also from retaliating against those who refuse to take the tests.
Fair Labor Standards Act (FLSA)
Who must post: All employers.
What must be posted: A notice about minimum wage, overtime pay, child labor laws, enforcement of the FLSA, and contact information for the U.S. Department of Labor (DOL).
Family and Medical Leave Act (FMLA)
Who must post: Employers with 50 or more employees.
What must be posted: A notice explaining an employee’s rights and responsibilities under the FMLA, including eligibility for leave, notice requirements, job protection, health benefit continuation, and contact information for DOL.
Uniform Services Employment and Reemployment Rights Act (USERRA)
Who must post: All employers.
What must be posted: All employers must display the appropriate poster titled “Your Rights Under USERRA” which explains the rights, benefits, and obligations of employees covered under USERRA.
Occupational Safety and Health Act (OSH Act)
Who must post: Employers engaged in interstate commerce and subject to the requirements of the OSH Act.
What must be posted: The poster, “Job Safety and Health—It’s the Law,” which explains to employees that they are entitled to a workplace free from recognized hazards and how to report workplace hazards.
Migrant and Seasonal Agricultural Worker Protection Act
Who must post: Agricultural employers, agricultural associations, and farm labor contractors.
What must be posted: A notice entitled “Notice: Migrant and Seasonal Agricultural Worker Act.”
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Stimulus Fund Abuse Whistleblower Protections
Who must post: All nonfederal employers that receive economic stimulus funds under the American Recovery and Reinvestment Act of 2009 (ARRA).
What must be posted: A notice of employee rights and remedies (administrative and judicial) under the whistleblower provisions of ARRA.
Notice to Workers with Disabilities Paid at Special Minimum Wage
Who must post: Employers with disabled employees working under special minimum wage certificates authorized by the FLSA, McNamara-O’Hara Service Contract Act, or the Walsh-Healey Public Contracts Act.
What must be posted: A poster explaining the conditions under which special minimum wage may be paid. The poster must be accessible to both the disabled employees and their parents or guardians.
In tomorrow’s Advisor, we’ll see about posting requirements for federal contractors and take a look at an audit system that helps with posters and just about every other HR requirement.
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