Small businesses and other employers are required to post notice in their workplaces of statutes and regulations enforced by the U.S. Department of Labor as well as state and local agencies. Required “compliance posters” are often available from the agency website in electronic format and may even be available in different languages. Posting requirements vary by statute, and not all employers are covered by all labor law statutes.
Knowing which labor laws apply to your particular business is important to posting compliance. An example of this is the Family and Medical Leave Act, which applies only to certain businesses depending on the number of people they employ. The DOL has information available on its Poster Advisor web page. Employers can also get assistance from the Office of Small and Disadvantaged Business Utilization for notice requirements.
NLRB 2011 Notice Posting Rule Controversy
The National Labor Relations Board tried to impose its 2011 Notice Posting Rule requiring employers to post a notice of employee rights in the workplace that was slanted in favor of the NLRB. The list of workplace rights in the NLRB posting wasn’t comprehensive, only including employees’ rights to organize, strike, and take legal action against employers, not their rights to decertify an existing union, question union dues, or take action against a union. NLRB tried to impose penalties on employers for not posting the incomplete notice, but was sued by employers, resulting in the courts ruling that the NLRB was compelling speech on labor issues and impeding free speech. The NLRB let the January 6, 2014 deadline to appeal the court’s ruling pass without challenging it, and therefore cannot require employers to post it or impose any consequences for not posting.
Minimum Wage Postings
The Fair Labor Standards Act (FLSA) requires employers to post notice of the provisions of the FLSA, minimum wage and fines for violating child labor laws. More information about minimum wage postings is available on the DOL’s elaws Poster Advisor web page, but employers should also learn about their state’s minimum wage posting requirements and allowable work hours from their state’s department of labor.
Workplace Safety Poster
All covered employers must maintain a DOL poster outlining the Occupational Safety and Health Act (OSHA). The poster is free from OSHA and must be displayed in a prominent place where employees can clearly see it. There may also be a state version of the OSHA poster in certain states, which must be displayed as well. Although OSHA doesn’t require employers to post versions in other languages of the workplace safety poster, it is available in Spanish, Polish, and Portuguese.
California Workplace Postings
California has various requirements for workplace postings. Requirement topics include subject areas such as Industrial Wage Commission wage orders, state minimum wage, notice about paydays, safety and health protection on the job, emergency phone numbers, access to medical and exposure records, operating rules for industrial trucks, notice to employees about work injuries, worker’s compensation and no smoking signage.
Having the right HR solutions in place ensures compliance with posting requirements. Most payroll and HR companies have options available to assist employers with compliance posters. To help keep up with your company’s required postings, check out PAYDAY’s new offerings and take advantage of the $25,000 guarantee! You can also contact us directly for more information.