The Evolution Of Labor Law Posters: Mandatory Workplace Requirements

Labor law posters are mandated federal and state employment law notices that employers with at least one employee are required to post in a common area frequented by all employees. These posters inform employees of their legal rights, and failure to display the correct notices can result in penalties, fines, and lawsuits. While the specific requirements vary by state and industry, some common federal labor law posters include the Fair Labor Standards Act (FLSA) Poster, the Family and Medical Leave Act (FMLA) Poster, and the Occupational Safety and Health Administration (OSHA) Poster. Employers can obtain free electronic copies of the required notices and posters from the U.S. Department of Labor, and it is their responsibility to ensure they remain up to date with any changes or updates to the mandated information.

Federal, state, and local laws

Federal Law Posters

All businesses with at least one employee are required to display federal labor law posters. These include the Fair Labor Standards Act (FLSA) Poster, the Family and Medical Leave Act (FMLA) Poster, the Occupational Safety and Health Administration (OSHA) Poster, the Employee Polygraph Protection Act (EPPA) Poster, the Uniformed Services Employment and Reemployment Right Act (USERRA) Notice, and the Equal Employment Opportunity (EEOC) Poster.

State Law Posters

State law poster requirements vary from state to state, as each state has its own government agencies and laws. State posters must be displayed in addition to federal posters and may include more generous employee benefits, such as higher minimum wages, more types of paid leave, and broader anti-discrimination laws.

Local Law Posters

An increasing number of cities and counties are requiring employers to display local labor law posters, which cover issues such as minimum wage, paid sick leave, and other laws specific to that locality. These posters are in addition to federal and state posters and help ensure compliance with local regulations.

It is important to note that labor law posters may need to be updated at any time during the year, as mandatory changes can occur whenever a new law is passed or a government agency requires a new version of a poster. Businesses can use resources such as the elaws FirstStep Poster Advisor or state-specific websites to determine which posters they need to display and to stay up-to-date with the latest versions.

Compliance and penalties

The U.S. Department of Labor (DOL) requires that certain notices be provided to employees and/or posted in the workplace. These notices vary by statute, meaning not all employers are covered by each statute and may not be required to post specific notices. For example, 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.

The DOL provides free electronic copies of the required posters, and some are available in languages other than English. The elaws Poster Advisor can be used to determine which posters employers are required to display, and these may be downloaded and printed directly from the Advisor.

In addition to federal labor law posters, there are also state, city, and county labor law poster requirements that vary depending on the location. These requirements often provide more generous employee benefits, such as higher minimum wages, more types of paid leave, and broader anti-discrimination laws. It is important to note that mandatory poster updates can occur at any time throughout the year, so employers must stay vigilant to remain in compliance.

Labor law poster services, such as Poster Guard® Poster Compliance Service, offer an annual subscription that provides all required labor law postings and mandatory poster replacements as laws change. These services can help businesses stay compliant and avoid penalties for non-compliance.

Free vs. paid posters

Labor law posters are required by law to be displayed in workplaces in the United States. These posters inform employees of their rights and must be displayed in a common area where all employees and job applicants can easily view them. While the U.S. Department of Labor provides free electronic copies of these posters, there are also paid options available.

Free labor law posters can be downloaded from the U.S. Department of Labor website and other third-party websites. These posters are provided in PDF format and can be printed out. However, there are a few drawbacks to using free posters. Firstly, government websites can sometimes be difficult to navigate and may contain broken links or outdated information. Additionally, it is the responsibility of the employer to regularly check for updates and new requirements, as labor laws change over time.

On the other hand, paid labor law posters are offered by companies such as ComplyRight and Poster Guard. These companies provide physical and/or digital posters that comply with federal, state, and local labor law requirements. One advantage of using a paid service is that they often include automatic replacements whenever there is a mandatory change to the posters, ensuring that employers stay up-to-date with the latest requirements. Paid posters may also be more convenient, as they consolidate multiple individual posters into a single, laminated poster, saving space and reducing clutter in the workplace.

When deciding between free and paid labor law posters, employers should consider their budget, the time and effort required to stay up-to-date with changes, and the convenience of having a single, consolidated poster. While free posters can be a cost-effective option, paid posters may offer additional benefits and features that make compliance with labor law posting requirements easier and more straightforward.

Languages and formats

The U.S. Department of Labor (DOL) provides free electronic copies of the required labor law posters, some of which are available in languages other than English. The DOL encourages employers to post these posters in other languages if their workforce speaks languages other than English. While most federal and state labor law posters are not required to be posted in other languages, some laws do mandate this. For example, the federal Family and Medical Leave Act (FMLA) regulations state that "where an employer's workforce is comprised of a significant portion of workers who are not literate in English, the employer shall provide the general notice in a language in which the employees are literate."

Additionally, some agencies indicate that employees should be able to "readily read" the poster, and it is generally recommended that labor law posters are provided in languages the employer's workforce understands. For instance, the Department of Labor (DOL) advises that "although there is no size requirement for the poster, employees must be able to readily read it." Similarly, the Occupational Safety and Health Administration (OSHA) encourages employers with workers who speak other languages to display the relevant versions of the poster in those languages.

Some states and localities, including Arizona, California, Connecticut, Washington, D.C., Illinois, New Jersey, New Mexico, New York, and Tennessee, have regulatory requirements for posters to be posted in Spanish when a certain percentage of the workforce uses English as a second language. As of May 2024, 19 states, Washington, D.C., and Puerto Rico have passed statutes requiring certain postings to be displayed in Spanish, even if there are no Spanish-speaking employees.

Businesses that are subject to the federal FMLA must display the FMLA posting in Spanish if they have a "significant portion of workers" who are not literate in English. While the law does not define "significant portion," a good rule of thumb is to include the Spanish translation of the FMLA posting if more than 10% of the workers speak Spanish as their primary language. If more than 5% of employees use English as a second language, Spanish versions of the labor law posters are required in the following states: Arizona, California, Florida, Georgia, New Mexico, North Carolina, New York, and Texas.

It is highly recommended that employers with Spanish-speaking employees post labor law posters in both English and Spanish to ensure that each employee is informed of their workplace rights under state and federal employment laws. Employers can also provide the required notices to employees electronically, either by posting them on a company intranet or sending them via email.

Where to display posters

The U.S. Department of Labor requires that labor law posters be displayed in the workplace. These posters should be placed in areas where workers commonly gather and can easily view them. For larger companies with multiple break rooms, for example, it may be necessary to display posters in multiple locations to ensure all employees can access them.

It is important to note that federal, state, and local posting requirements vary, and some businesses may also have additional city/county posting requirements. Therefore, it is essential to check the specific requirements for your location.

To determine which posters you are required to display, you can use the elaws FirstStep Poster Advisor. This tool will help you identify the posters relevant to your business, and it provides links to download and print the posters.

Additionally, the U.S. Department of Labor provides free electronic copies of all required notices and posters, and many are available in multiple languages. You can download these posters from the Department's Workplace Posters webpage.

Remember, failure to post the required notices can result in penalties and fines.

Frequently asked questions