Kara Sears
Labor law posters are required by law to be displayed in workplaces across the United States. These posters outline various employment laws and regulations that apply to the business and its employees. While the specific requirements vary by state and industry, they generally include information on workers' rights, safety, and benefits. Employers are responsible for ensuring that these posters are up to date and easily accessible to all employees, either through physical displays or electronic postings. Non-compliance with labor law poster requirements can result in penalties and fines. To avoid this, employers can enrol in a State & Federal Compliance Plan, which provides automatic updates and ensures they have the correct posters.
| Characteristics | Values |
|---|---|
| Who must post | Agricultural employers hiring temporary agricultural workers under H-2A visas, contractors/subcontractors engaged in contracts exceeding $2,000 for construction, employers with federal contracts, and employers with at least one employee |
| Where to post | Areas frequented by all employees, such as cafeterias, break rooms, lunchrooms, employee lounges, bulletin boards, entrances, or near time clocks |
| Format | Electronic or physical posters, with some laws specifying size requirements and text size for readability |
| Languages | English, with some posters available in other languages, such as Spanish |
| Updates | Notices should be kept up to date to avoid fines or lawsuits |
| Free access | Yes, free electronic and printable posters are available from government and agency websites |
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What You'll Learn
Posters must be placed in areas frequented by all employees
Federal and state employment laws and regulations require employers to display all relevant, current, and required federal and state labor law notices. These must be placed in areas frequented by all employees, such as a cafeteria, break room, lunchroom, employee lounge, kitchen, or time clock area. They could also be placed near an employee entrance. If employees regularly visit one cafeteria or common area, all required posters may be placed there. However, if employees use multiple entrances or break rooms, posters should be placed in multiple locations to ensure they can be readily seen.
The U.S. Department of Labor (DOL) provides free electronic copies of the required posters, and some are available in languages other than English. Employers can download and print these for free, although they are not required to be laminated. Notices can also be accessed on government or agency websites and individually printed and posted. In some cases, a law may be passed requiring a notice, but the governing body does not release an official notice. In these cases, employers are still required to post the information.
The DOL's elaws Poster Advisor assists employers in determining which federal employment law posters apply to their organization. For state poster requirements, most state departments of labor provide a list of state employment poster requirements. Employers can generally download posters from state and federal websites or order laminated all-in-one posters from a vendor.
In terms of format, some poster laws include size requirements, such as OSHA's Job Safety and Health notice, which must be 8.5 by 14 inches with text size at least 10 point. Other laws require posters to be displayed so they are readily observed by employees or require the text size to be large enough to be easily read.
For remote workers, the DOL encourages employers to use electronic postings. If all employees work remotely, electronic posters are required. If there is a mix of on-site and remote workers, employers must display physical posters at the office and are encouraged to also post the notices electronically.
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Notices must be provided to remote and hybrid workers
Notices and posters are required by law to be displayed in workplaces to inform employees of their rights under federal, state, and local employment laws. These include mandatory federal notices such as the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), minimum wage, overtime, and safety issues.
With the shift to remote work, the Department of Labor (DOL) has provided guidance on how employers can comply with notice and posting requirements. The DOL encourages employers to use electronic postings for remote workers, and electronic formats are required when all employees work remotely. However, if employees work both remotely and in the office, physical posters must be displayed in the office.
To ensure compliance, employers can incorporate required notices into their applicant portals and tracking systems, as well as their company intranets or employee portals. Notices should be easily accessible and visible to all employees, regardless of their work location.
For hybrid work arrangements, the determination of eligibility is based on the nature of job duties, employee readiness for telework, and manager and team readiness. It is recommended that remote workers be provided with access to state-specific postings, especially if they occasionally report to a physical office location.
While the DOL provides free electronic copies of the required posters, it is important to note that posting requirements vary by statute, and not all employers are covered by each statute. Employers should refer to the DOL's FirstStep Poster Advisor to determine which posters they are required to display.
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Employers can use electronic posters for remote workers
The U.S. Department of Labor (DOL) has issued guidance on posting notices for remote workers and hybrid workplaces. This guidance outlines the requirements for employers who have partially or entirely remote workforces.
When all employees work remotely, the DOL allows electronic posting alone to meet posting requirements if the following conditions are met:
- All employees work exclusively remotely.
- Employees usually receive information from the employer electronically.
- Employees have readily available access to electronic postings at all times.
The DOL encourages employers to use electronic postings for remote workers, particularly when all three conditions are met. However, if there is a mixture of in-person and remote workers, physical posters must be displayed in the office alongside electronic postings for remote workers.
To ensure compliance, employers can place electronic posters on an internal or external website, shared network drive, or file system that is always accessible to employees. Employers can also provide a link on an intranet homepage or include the link in the employee handbook. For remote hiring, electronic postings can be placed on a job application portal or applicant tracking system.
It is important to note that the DOL's guidance only applies to federal notices, and state or local requirements may differ. Employers should consult their state and local regulations to ensure they are meeting all posting requirements for remote workers.
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Posters must be displayed in English and Spanish
The U.S. Department of Labor (DOL) provides free electronic copies of the required posters, some of which are available in languages other than English. Posters must be displayed in a spot where every employee can see them easily. This can be any location that employees are likely to visit daily, such as a cafeteria, break room, lunchroom, employee lounge, kitchen, or time clock area. They could also be posted near an employee entrance. If employees regularly visit one cafeteria or use the same entrance, one set of posters can be placed there. If not, posters need to be placed in multiple locations so they can be readily seen by all employees.
In terms of language requirements, the general intent of all state and federal posting requirements is to effectively communicate labor law information to workers. If a federal or state posting is provided by the issuing agency in Spanish, and the employer has employees whose primary language is Spanish, it is advisable to post both the English and Spanish versions. This is the case even if the agency does not explicitly mandate the posting in Spanish.
Some states and cities have passed statutes and ordinances that require certain postings to be displayed in Spanish, even if there are no Spanish-speaking employees. For example, Texas requires the display of certain notices in both English and Spanish. In California, LCA45 – Notice to Employees (Spanish) must be posted in Spanish, and Arizona requires the Worker's Compensation Insurance notice to be posted in both English and Spanish. San Francisco's Minimum Wage, Family Friendly Workplace Ordinance, and Fair Chance Ordinance must be displayed in English, Spanish, Chinese, and any other language spoken by at least 5% of employees at the workplace.
There is no clear definition of what constitutes a "significant number" of Spanish-speaking workers, but as a rule of thumb, it is recommended to include the Spanish translation of a posting if more than 10% of workers speak Spanish as their primary language. Displaying notices in Spanish provides an extra layer of protection in the event of a legal dispute.
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Posters must be in a specific size and font
Posters are a useful way to communicate important information to employees. In the US, employers with at least one employee are required by law to post all applicable federal and state labor law notices at each of their locations. These posters must be displayed in an area frequented by all employees, such as a cafeteria, break room, lunchroom, employee lounge, or near an employee entrance.
It is important to note that not all posters can be resized or photocopied. Some poster laws include specific size requirements, such as OSHA's Job Safety and Health notice, which must be 8.5 by 14 inches, with text sized at least 10 points. Other laws require posters to be displayed so they are easily readable by employees, with text large enough to be easily read.
The US Department of Labor (DOL) provides free electronic copies of the required posters, and some are available in languages other than English. Employers can download and print these posters directly from the DOL website or relevant state websites. Additionally, the DOL encourages employers to use electronic postings for remote workers, and when all employees work remotely, electronic posters are required.
To determine which posters are required, employers can refer to the DOL's elaws Poster Advisor and compliance assistance webpage. Employers can also refer to state department of labor websites for specific state requirements. It is important for employers to keep their posters up to date, as failure to do so can result in fines or employee lawsuits.
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Frequently asked questions
Yes, if you have at least one paid employee, labor law posters are required to be posted.
The U.S. Department of Labor (DOL) provides free electronic copies of the required posters. These can be downloaded and printed for free.
Posters must be displayed in an area where they are visible and easily accessible to all employees. This can include the cafeteria, break room, lunchroom, employee lounge, kitchen, or time clock area.
Some posters include a size requirement and may need to be a certain size to be compliant. Therefore, it is not advisable to resize or photocopy the posters as it may affect readability.
The Department of Labor encourages employers to use electronic postings for remote workers. If all employees work remotely, electronic posters can be used to satisfy federal posting requirements. However, if there is a mix of on-site and remote workers, physical posters must be displayed at the office.
