Labor law poster compliance is a serious matter, yet it’s often an oversight for small business owners. Instead of landing at the bottom of your to-do list, mandatory workplace postings should be an ongoing priority.
In addition to the federal posting requirements every U.S. business must follow, there are a handful of nuances to be mindful of. Follow these five tips to ensure you’re meeting the essential requirements.
- Equal Employment Opportunity (EEO): Covers anti-discrimination provisions and legally protected characteristics.
- Occupational Safety and Health Act (OSH Act): Highlights important workplace safety measures.
- Family and Medical Leave Act (FMLA): Explains employee leave eligibility and benefits, as well as employer responsibilities.
- Uniformed Services Employment and Reemployment Rights Act (USERRA): Addresses re-employment after military leave, anti-discrimination provisions and health insurance issues.
- Fair Labor Standards Act (FLSA): Notifies employees of the federal minimum wage rate, overtime rules and child labor laws.
- Employee Polygraph Protection Act (EPPA): Describes the rules around lie detector tests in employment (a posting requirement, even if you don’t use lie detectors).
It’s the Law
All U.S. employers are required to display up to six federal postings:
- Know your state and local requirements. Depending on where your business is located, you may have up to 15 additional state law postings to display, and up to 10 additional city/county postings. Local-level postings cover a variety of employment laws similar to federal and state posters. What’s different, though, is that cities may choose to pass laws more generous to employees than federal or state laws. For example, many cities have a higher minimum wage, broader paid medical leave rules, different discrimination guidelines and additional protected characteristics (such as sexual orientation). By law, you must display federal, state and local postings, so make sure you’re aware of all the regulations that apply to your business.
- Consider color, font and size specifications. Size matters, as does the font and colors of your postings. The reason for precise specs is to ensure visibility and legibility. If the posters and type are too small, employees may not notice or be able to read the regulations, which could lead to noncompliance and potential fines for your business. More specifically, size parameters depend on particular postings. For example, OSHA’s Job Safety and Health: It’s the Law posting must be 8.5 X 14 inches and feature a minimum font size of 10 points. Be aware of the size specifications for all of your required posters.
- Location, location, location. Since so much attention is paid to awareness and clarity, it follows suit that labor law posters must be displayed in common areas where employees congregate regularly. Once you’ve obtained the required postings in the appropriate format, mount them in high-access areas, such as a break room, lunchroom or near a time clock. If you have multiple break rooms or kitchens, consider displaying postings in each location to ensure full coverage.
- Posters are for employees and applicants. Applicant-area postings are a compliance requirement, too, yet many businesses aren’t even aware of them. Of the six mandatory federal postings, four of them — EEOC, USERRA, EPPA and FMLA (if you have more than 50 employees) — must be displayed in areas where applicants can view them. If you have applicants coming into your facility for any reason — whether to fill out an application or participate in an interview — you should display the necessary posters on the wall, just as with regular employee-facing posters.
- Protect postings from damage. This sounds like a no-brainer, but what if your posters are in a location where employees lean up against them during meetings, or on a wall where employees can post their own materials, like “for sale” flyers? Workplace notices are required by law to remain intact or unaltered, so laminated posters are the best option to ensure compliance. For example, OSHA specifically states, “Each employer shall take steps to insure that such notices are not altered, defaced, or covered by other material.”
Online job applicants must have access to certain labor law posters, too. You are legally required to provide online job applicants with a link to images of your mandatory postings.
Compliance Has Never Been Easier
Due to the complexities of posting compliance, you need a solution that keeps you current and covered. With the Poster Guard 1 Smart App, your single-location business can receive all the laminated posters necessary to satisfy federal, state and local posting requirements, shipped right to your door whenever regulations change.
- In addition to federal and state postings, local postings may apply to your business
- Postings must satisfy certain color, font and size specifications
- Four of the six federal postings must be displayed in an area where applicants can view them (EEOC, USERRA, EPPA and FMLA)
- A professional posting service can help you obtain the latest necessary postings