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Stop struggling to keep up with poster content changes from various State and Federal agencies. Simplify your HR Compliance with Employers Council Employment Law Poster service. Save money by taking advantage of Employers Council low pricing on all-in-one employment law posters and rely on the Update Services to cover any mandatory changes.


Benefits of Subscribing to an Update Service

Whenever federal or state agencies make employment law changes, it is vital to update your mandatory labor law posters to avoid violating the law. Frequently, state and federal agencies change these laws without notifying individual businesses. Fortunately, Employers Council’s Poster Update Service ensures that you never have to think about updating your posters, because we will send them to you automatically whenever a law changes.

 

To access Employers Council poster services:

Become a Member


As an Employer, You’re Required to Have Labor Law Posters

Various laws require businesses to display both state and federal labor law posters. Businesses with one or more employees must display the following six postings in each workplace location: federal minimum wage, Employee Polygraph Protection, OSHA, FMLA, USERRA, and EEO. All of these mandatory postings are included in Employers Council’s poster service.


Location Considerations

If your business is located in Arizona, California, Florida, Georgia, New Mexico, North Carolina, New York, or Texas, you are required to post labor 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.

Language Considerations

If you employ individuals who speak a language other than English or Spanish, Employers Council can help you sort out your obligations. Orders ship out promptly for delivery within a few days. Employers Council provides volume discounts for members with multiple locations.

Consequences of Not Complying with Labor Poster Standards

If a business is not in compliance with current federal and state labor 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.

These include:

  • Federal FMLA $100 per offense.
  • Federal Employee Polygraph Protection Act 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 asses civil penalties as well.
  • For failing to post the Federal OSHA Poster - A civil penalty of up to $7,000 may occur.
  • For failing to post the CAL/OSHA Poster - you can receive a penalty of up to $1,000 per violation.

Businesses that Don’t Need Labor Law Posters

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

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!


Labor Poster Requirements by Law

Following are the most common posting requirements by law:

The Fair Labor Standards Act:

Establishes minimum wages, overtime pay, record keeping and child labor standards for private-sector and government workers. Defines exempt versus nonexempt employees, white-collar exemptions from minimum wage and overtime, piece-work, pay for outside salespeople, etc. The FLSA is administered and enforced by the U.S. Department of Labor Wage and Hour Division.

Who Must Post: Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices.

Citations / Penalty: No citations or penalties for failure to post.

Other Information: Any employer of employees to whom sec. 7 of the Fair Labor Standards Act does not apply may alter or modify the poster legibly to show that the overtime provisions do not apply.

Job Safety and Health: It's the Law: (Occupational Safety and Health Act/OSHA):

Requires employers to comply with occupational safety and health standards issued by the Occupational Safety and Health Administration (OSHA) and to provide employees with a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical harm. The OSH Act is administered and enforced by OSHA.

Who Must Post: Private employers engaged in a business affecting commerce. Does not apply to federal, state or political subdivisions of states.

Citations / Penalty: Any covered employer failing to post the poster may be subject to citation and penalty.

Other Information: Employers in states operating OSHA-approved state plans should obtain and post the state's equivalent poster. For more information about Job Safety and Health, please visit: http://www.osha.gov/Publications/poster.html

Employee Rights and Responsibilities Under The Family and Medical Leave Act (FMLA)

Family and Medical Leave Act (FMLA) Provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) when the employee is unable to work due to his or her own serious health condition. Contains special rules for applying the act the armed services members. Requires more notices and other paperwork than perhaps any other federal legislation targeted toward employers. The FMLA is administered and enforced by the United States Department of Labor Wage and Hour Division.

Who Must Post: Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers.

Citations / Penalty: Willful refusal to post may result in a civil money penalty by the Wage and Hour Division not to exceed $100 for each separate offense.
Other Information: Where an employer's workforce is not proficient in English, the employer must provide the notice in the language the employee speaks. The poster must be posted prominently where it can be readily seen by employees and applicants for employment.

Equal Employment Opportunity is the Law

Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended; 41 CFR 60-1.4; 60-741.5(a)4; 60-300.5(a)9.

Who Must Post: Private employers, state and local governments, educational institutions, employment agencies, and labor organizations are covered by the section detailing the following types of illegal discrimination: race, color, religion, sex, national origin, disability, age, sex (wages), genetics, and retaliation. A separate section applies to entities holding federal contracts or subcontracts or federally assisted construction contracts of more than $10,000; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading.

Please note that the EEOC* may provide additional posting requirements at Section 2000e-10 [§711].

Citations / Penalty: Appropriate contract sanctions may be imposed for uncorrected violations.

Other Information: Post copies of the poster, supplement, and provision in conspicuous places available to employees, applicants for employment, and send to representatives of labor organizations with which there is a collective bargaining agreement.

Employee Polygraph Protection Act (EPPA)

Prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. The EPPA is administered and enforced by the Wage and Hour Division.

Who Must Post: Any employer engaged in or affecting commerce or in the production of goods for commerce. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.

Citations / Penalty: The Secretary of Labor can bring court actions and assess civil penalties for failing to post.

Other Information: The Act extends to all employees or prospective employees regardless of their citizenship status. Foreign corporations operating in the United States must comply or will result in penalties for failing to post. The poster must be displayed where employees and applicants for employment can readily observe it.

Your Rights Under USERRA: The Uniformed Services Employment and Reemployment Rights Act (USERRA)

Requires employers to provide to employees notice of their rights, benefits, and obligations under USERRA. Employers may provide the required notice by distributing it or posting it where employee notices are customarily placed. USERRA is administered by the Veterans Employment and Training Service (VETS). USERRA provides broad protections to employees leaving employment for military service and in some cases will require employees to displace replacements hired to fill in for employees entering the military when those employees return. Contains detailed regulations spelling out employer obligations for insurance, paid leave, military training, etc.

Who Must Post: The full text of the notice must be provided by each employer to persons entitled to rights and benefits under USERRA.
Citations / Penalty: No citations or penalties for failure to notify. An individual could ask USDOL to investigate and seek compliance, or file a private enforcement action to require the employer to provide the notice to employees.
Other Information: Employers may provide the notice by posting it where employee notices are customarily placed. However, employers are free to provide the notice in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by distributing the notice by direct handling, mailing, or via electronic mail).

Migrant and Seasonal Agriculture Worker Protection Act (MSPA)

Requires farm labor contractors, agricultural employers, and agricultural associations who recruit, solicit, hire, employ, furnish, transport, or house agricultural workers, as well as providers of migrant housing, to meet certain minimum requirements in their dealings with migrant and seasonal agricultural workers. The MSPA is administered and enforced by the Wage and Hour Division.

Executive Order 11246 (Equal Employment Opportunity)

Prohibits certain Federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This E.O. applies to Federal contractors and subcontractors and to Federally assisted construction contractors and subcontractors, who do over $10,000 in government business in one year. Additionally, Executive Order 11246 prohibits federal contractors and subcontractors from, under certain circumstances, taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or the pay of their co-workers. The Executive Order also requires covered government contractors to take affirmative action to insure that equal opportunity is provided in all aspects of employment. Executive Order 11246 is administered and enforced by the Office of Federal Contract Compliance Programs.

Davis-Bacon and Related Acts (DBRA)

Requires that all contractors and subcontractors performing work on federal or District of Columbia construction contracts in excess of $2,000, or on federally assisted contracts, pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits. The DBRA is administered and enforced by the Wage and Hour Division.

McNamara-O'Hara Service Contract Act (SCA)

Requires contractors and subcontractors performing services on federal or District of Columbia contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The wage and hour requirements of the SCA are administered and enforced by the Wage and Hour Division.

Walsh-Healey Public Contracts Act (PCA)

Requires covered contractors to pay employees on federal supply contracts not less than the federal minimum wage for all hours worked and time and one half their regular rate of pay for all hours worked over 40 in a workweek. The wage and hour requirements of the PCA are administered and enforced by the Wage and Hour Division.

About the EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. Its role in an investigation is to assess the allegations in the charge and then make a finding. If the agency finds that discrimination has occurred, it will try to settle the charge. If settlement is not successful, EEOC has the authority to file a lawsuit against the employer. When deciding to file a lawsuit, the EEOC considers several factors such as the strength of the evidence, the issues in the case, and the wider impact the lawsuit could have on the EEOC's efforts to combat workplace discrimination. In many cases, the EEOC will forego investigation in favor of no-fault mediation where appropriate.

The EEOC has five field offices located throughout the United States. For more information, point your browser to www.eeoc.gov.


Where to Display Your Labor Law Posters

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.

For questions regarding Employers Council’s poster service, call your representative or our Posters group directly at 303.223.5466.

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