Employee Law Posters: Restroom Placement?

Employers are required by law to display specific posters in the workplace to ensure employees are aware of their rights and protections. These posters must be placed in conspicuous locations that are easily accessible to all employees. While there is no specific requirement to post these notices in restrooms, they must be placed in areas frequented by employees, such as break rooms, cafeterias, common hallways, or near time clocks. The specific posters required vary depending on the employer and may include federal and state labor law notices, as well as industry-specific postings.

Where to post employee law posters

Federal workplace posters must be displayed in conspicuous places where they are easily visible to all employees. This includes common areas such as break rooms, cafeterias, common hallways, or near time clocks. If your organisation operates from multiple buildings, it is important to assess whether all employees regularly visit the location where the posters are typically posted. If not, it is advisable to post the posters in each building to meet compliance obligations.

If all employees regularly visit one break room or use the same entrance, one set of posters can be placed there. If not, then posters need to be placed in multiple break rooms or by several entrances so they can be readily seen by all employees.

For remote workers, the Department of Labor encourages employers to use electronic postings. If all employees work remotely, electronic posters are required. When some employees work remotely and some report to the office, physical posters must be displayed at the office.

It is important to note that placing posters behind doors, in managers' offices, or at heights that make them difficult to read can be considered violations of the law.

Are electronic posters allowed?

The use of electronic posters or digital postings has been encouraged by the Department of Labor (DOL) for remote workers. This was especially the case during the COVID-19 pandemic, which saw a spike in the number of remote workers.

The DOL has issued guidance on the use of electronic labor law posters for remote workers, which includes the following requirements:

• Employees must have easy access to the digital posting.
• Employers must regularly communicate with employees electronically.
• Employees must be able to readily determine which postings apply to them.
• Employers must put them in a conspicuous place, albeit electronically.

Electronic posters can be used to post FLSA, FMLA, and EPPA notices as a substitute for hard copies only if all employees work remotely, customarily receive information from the employer electronically, and have "readily available access" to the postings at all times (excluding email).

If you have a hybrid workplace, a physical copy of the FLSA, FMLA (if applicable), and EPPA notices must be posted in the workplace. However, the DOL encourages employers to post these notices electronically for remote workers as well.

It is important to note that the DOL's guidance only applies to federal notices, and state or local posting requirements may vary. Therefore, it is recommended to consult your state and locality to ensure compliance with all applicable laws and regulations.

What are the penalties for non-compliance?

While there are no citations or penalties for failure to notify, non-compliance with labor law poster requirements can result in significant penalties, including fines and employee lawsuits. The specific penalties for non-compliance vary by state and poster type. For example, as of 2023, the EEOC can assess a $659 fine for failing to post its "Know Your Rights" poster.

Additionally, employers who do business as government contractors may face disciplinary or enforcement action, including the suspension or cancellation of their current contract and debarment from future federal contracts, if they fail to display certain labor law compliance notices as required by their contracts. The government deems some notices so important that failure to post them as required can result in ineligibility for future contracts.

To limit liability, it is advisable for employers to notify all employees of their rights, regardless of where they work. An employer is obligated to ensure that all employees are informed of their employment rights. Employers with remote workforces must make notices available to their employees online or on a shared network. While there is no requirement to post physical notices at the home of a single remote worker, businesses with remote employees are required to distribute labor law notices. Typically, this is done by sending digital labor law notices to remote employees.

To maintain compliance, businesses with employees are required to display up-to-date posters in a conspicuous place 365 days a year. Businesses should update labor law posters every time there is a change to applicable state or federal labor law. Employers can use the U.S. Department of Labor's online tool to determine which posters they are required to post.

What are the specific requirements for federal contractors?

Federal contractors have specific requirements regarding labour law posters, and these requirements can change at any time by Executive Order. Businesses that work on federally-financed construction projects must post certain information about employee rights under the Davis-Bacon Act, including prevailing wage requirements and overtime pay. The Federal Contractor Minimum Wage Poster must be accessible and highly visible to all employees involved in federal contract work to inform them of the latest federal minimum wage. The Federal Contractor Paid Sick Leave Poster is also required for federal contractors and subcontractors under a covered Service Contract Act or Davis-Bacon Act.

Under the National Labor Relations Act (NLRA), federal contractors and subcontractors must inform employees of certain rights, including the authority to organise and bargain collectively with employers and to engage in other protected activities. The NLRA poster also provides contact information for the National Labor Relations Board (NLRB). Depending on the relationship with the federal government and operational specifics, federal contractors may also be required to display the Walsh-Healey Public/Service Contracts Poster, which includes information on minimum wage, fringe benefits, overtime pay, and safety and health standards.

Federal contractors must also inform employees and applicants that the employer will not discriminate against them for discussing or disclosing their pay. The Pay Transparency Policy for Federal Contractors poster must be displayed somewhere that is conspicuously available to all applicants and employees. Additionally, the "Know Your Rights" poster must be displayed in conspicuous places available to employees and applicants for employment. This poster summarises federal laws prohibiting job discrimination and explains how employees or applicants can file a complaint if they believe they have experienced discrimination.

It is recommended to post federal laws in Spanish if 5% or more of the workforce speaks Spanish as their primary language, and in some states, this is a mandatory requirement. Federal contractors must also post labour law notices in all their locations, in areas frequented by all employees. If employees regularly visit one cafeteria, common area, or entrance, all required posters may be placed there. However, if there are multiple buildings or floors, posters may need to be placed in multiple locations to ensure compliance.

What posters are required for my business?

If you have employees, you are required by law to post federal, state, and local labor law posters. These posters must be placed in a conspicuous location where all employees can easily access them. Common areas such as break rooms, cafeterias, common hallways, or near time clocks are ideal spots. If your employees work remotely, the Department of Labor (DOL) encourages employers to use electronic postings.

The Fair Labor Standards Act (FLSA) Poster (Minimum Wage Poster) must be displayed by employers in a conspicuous place in all of their establishments so that employees can easily read them. The Family and Medical Leave Act (FMLA) Poster must be displayed in a conspicuous place where employees and job applicants can see it. The Occupational Safety and Health Act (OSHA) Poster: Job Safety & Health Protection Poster must be displayed in a conspicuous place where employees can see it. Employers in states with OSHA-approved state plans should post the state's equivalent safety and health poster. The Davis-Bacon Act Poster must be posted at the site of the work in a prominent and accessible place where it may be easily seen by employees. The Employee Rights for Workers with Disabilities/Special Minimum Wage Poster (Fair Labor Standards Act, McNamara-O'Hara Service Contract Act, and Walsh-Healey Public Contracts Act) shall be posted in a conspicuous place on the employer's premises where employees and the parents or guardians of workers with disabilities can easily see it. The Know Your Rights Poster must be displayed in conspicuous places available to employees and applicants for employment. The Employee Polygraph Protection Act (EPPA) Poster must be posted in a prominent and conspicuous place in every establishment where it can be readily observed by employees and applicants for employment. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Poster must be posted at the place of employment in a conspicuous place readily accessible to the workers. The Uniformed Services Employment and Reemployment Rights Act (USERRA) Notice/Poster ("Your Rights Under USERRA") is to be posted where notices to employees are customarily placed. However, employers can provide the notice in other ways, such as by distributing it to employees by direct handling, mailing, or via electronic mail.

Federal contractors and subcontractors must post the "Notification of Employee Rights Under Federal Labor Laws" poster in conspicuous locations, including all places where notices to employees are customarily posted. This includes notices regarding the terms and conditions of their employment. If notices are posted electronically, a link to the poster must be displayed prominently on any website that the contractor or subcontractor customarily uses for notices to employees about terms and conditions of employment. The text for the link must be "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers". The Service Contract Act/Walsh-Healey Public Contracts Act (Employee Rights on Government Contracts Poster) must be posted in a prominent and accessible location. The federal contractor minimum wage poster and the pay transparency poster are required by Executive Order 13665 and can be displayed electronically or physically.

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