Employers are required to post a variety of notices for employees, and in some cases applicants, to view in the workplace. The general purpose of these posters is to notify employees of their rights and responsibilities under federal, state, and local laws. In addition to posting all required notices, employers may need to ensure that notices meet certain size and format requirements. Violations of these requirements can result in fines, so it is important for employers to ensure that all required notices are posted in accordance with federal, state, and local rules.
The following checklist is designed to help you review your poster practices:
Have you posted all applicable federal notices?
All employers must post the following federal notices:
Depending on your size and industry as well as other factors, there may be additional posters required at the federal level. For example, employers that participate in E-Verify must post certain notices. In addition, other posters may be recommended, but not explicitly required.
Have you posted all applicable state and local notices?
Many states and local jurisdictions have requirements to post certain notices on minimum wage, nondiscrimination, workers’ compensation, unemployment insurance, health and safety, leaves of absence, smoking, and other employee-related issues. Some states also require employers to post notices if they engage in certain activity, such as drug testing or electronic monitoring.
It is important to remember that any poster required by state or local law must be posted in addition to any required federal poster, even if they cover the same topic. For example, if you are required to post a state minimum wage notice, you must also post the federal Minimum Wage notice. Compliant focused labor law posters are available in the Client Resources section of our website.
Are your posters up to date?
Posters can change as a result of a new law or regulation, new contact information for the government agency, or simply a redesign. A best practice is to check for updates regularly. Most posters contain a revision date at the top or bottom of the notice, which will help determine if the most recent notice is posted in your workplace. Note: Employers that subscribe to The Payroll Medics Poster Compliance Service will receive new posters when mandatory changes occur.
Are your notices posted “conspicuously”?
In general, posters must be displayed conspicuously in areas that are frequented by employees, such as break rooms or time clock locations. Some laws (e.g. Employee Polygraph Protection Act, the Family and Medical Leave Act, and Equal Employment Opportunity laws) require notices to be displayed so that they are easily visible to both applicants and employees. Employers should choose poster locations accordingly.
Are notices posted at each worksite?
If you have employees at more than one worksite, you are generally required to post required notices at each location. A best practice is to designate an individual at each worksite who is responsible for ensuring required notices are posted.
Are notices in other languages posted when required?
Some laws require employers to post employee notices in English as well as other languages. For example, the Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to post an FMLA notice. If their workforce is comprised of a significant portion of workers who are not proficient in English, the notice must also be posted in the language spoken by employees. Even if not required to do so, it is best a practice to post notices in other languages when a significant portion of your workforce isn’t proficient in English. Federal and state agencies typically publish notices in multiple languages.
Are notices posted in the proper format?
Some posters must be printed on certain size paper or in a certain font type and size. If you receive your notices from The Payroll Medics Compliance Service or directly from the federal or state agency, they will be printed in the proper format. However, if you print posters using your own printer, be sure it is set to meet the required format.
Are defaced or damaged posters replaced promptly?
If any poster is defaced, damaged, or removed, it should be replaced as soon as possible.
Have you subscribed to The Payroll Medics Poster Compliance Service?
Payroll Medics offers a service that provides clients with their required labor law posters. The service also includes automatic updating and shipment of new posters whenever mandatory changes occur in labor law posting requirements.
Contact us for more information or to get your compliant focused labor law poster.
