Employment Law Posters

If a business is not in compliance with current federal and state employment law poster standards, they could run afoul of various state and federal government agencies, like the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission, or the U.S. Department of Labor, which can impose fines.

• Federal FMLA $173 per offense
• Federal Employee Polygraph Protection Act: The Secretary of labor can bring court actions and assess
  civil penalties for failing to post
• The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) may bring court actions and assess
  civil penalties as well
• For failing to post the Federal OSHA Poster – A civil penalty of up to $13,653 may occur

Please note that posting requirements vary by statute; that is, not all employers are covered by each of the Department’s statutes and thus may not be required to post a specific notice. For example, some small businesses may not be covered by the Family and Medical Leave Act and thus would not be subject to the Act’s posting requirements. However, all public entities are covered by FMLA and therefore must display posters, even if they have fewer than 50 employees and no employees are eligible to take FMLA leave!

Having employment law posters in all cases is a best practice. However, the following types of businesses do not need to post employment law posters:

• Sole proprietors without employees
• Businesses with only contract workers
• Businesses with an all-volunteer work force
• Family-owned business where all employees are related

If your business is located in Arizona, California, Florida, Georgia, New Mexico, North Carolina, New York, or Texas, you are required to post employment law posters in both English and Spanish. If you do not fall into this category, it is not mandatory to display bilingual posters; however, it is highly recommended if you happen to have Spanish-speaking employees.

If you employ individuals who speak a language other than English or Spanish, Employers Council can help you sort out your obligations. OSHA encourages employers with Spanish speaking works to also display the Spanish version of each workplace poster.

Employment law posters should be displayed somewhere apparent to all employees on a daily basis, such as a break room or main lobby. If you have multiple locations, then each workplace must display its own posters. Occasionally, special arrangements will need to be made for employees working remotely.

Federal, state and local agencies may change labor laws any time during the year. Employers must make sure all locations are compliant with the most up to date postings. Employers Council offers an annual subscription that will automatically provide updated posters whenever a change occurs.