Mandatory Workplace Postings: It’s the Law! The Department of Labor (DOL) requires most employers to post specific notices in conspicuous locations in their workplaces to inform employees of their rights. Employers that don’t comply may be subject to costly penalties and disadvantaged if they have to defend against lawsuits. Federal statutes Employers, depending on the number of workers or whether they have federal contracts, must comply with these federal statutes: Occupational Safety & Health Act. The DOL is currently phasing in a new “plain language” OSHA poster for private employers entitled “You have a right to a safe and healthful workplace. It’s the law.” But employers need not replace the previous poster, “Job Safety & Health Protection.” Equal-employment-opportunity and nondiscrimination statutes. Every employer covered by the equal opportunity and nondiscrimination statutes must post “Equal Employment Opportunity is the Law.” It addresses several statutes, including Title VII, the Americans With Disabilities Act, the Age Discrimination in Employment Act and the Rehabilitation Act. This poster’s absence can affect the statute of limitations for claims under all these statutes except the Rehabilitation Act. Fair Labor Standards Act. Employers of FLSA-covered workers must post “Your Rights Under the Fair Labor Standards Act.” This poster displays the federal hourly minimum wage of $5.15, overtime-pay requirements and age-and-hour restrictions on child labor. Employers of workers paid under special minimum wage certificates must also post “Notice to Workers with Disabilities Paid at Special Minimum Wages.” If more appropriate, employers may provide this poster directly to affected workers rather than post it. Family & Medical Leave Act. Covered businesses (generally those with 50 or more employees) must post “Your Rights under the Family & Medical Leave Act of 1993.” The poster summarizes the FMLA’s major provisions and explains how employees can file a complaint. Employers that willfully refuse to post it may incur penalties of up to $100 for each offense. Employee Polygraph Protection Act. Employers engaged in or affecting commerce must post “Notice: Employee Polygraph Protection Act.” The poster explains the act’s prohibitions and exemptions. Employers failing to post it may be subject to civil penalties. State statutes In addition to these federally mandated postings, employers are subject to their respective state’s posting requirements. States often require separate postings on topics such as equal pay, minimum wage, workers’ compensation, unemployment insurance and child-labor laws. Poster advisor Employers can obtain required federal posters on the DOL Web site: http://www.dol.gov/osbp/sbrefa/ poster/main.htm. The DOL also has created online “advisors” to help employees and employers understand their rights and responsibilities under many federal employment laws, including those with posting requirements. Each advisor includes links to more detailed information — such as links to regulatory text, publications and organizations. But the DOL hasn’t developed an advisor for every law or regulation, so don’t hesitate to call your attorney for expert advice on these matters. Contact | Legal Disclaimer