It’s “What’s Up? Wednesday”. Time to answer your question about poster requirements . . .

You asked: “I know federal law requires our shop to put up several posters notifying employees about specific laws and employees’ rights. But I have no idea if we have all the posters we should. How can I find out if we are doing it right? 

The answer:

Dear Poster Post-er,

Improper posting of some notices—or no posting at all—can result in citations or penalties. In order to remain legally compliant, employers must be aware of both federal and state requirements for posting employee notices. Not only do you need to know which posters are required in your shop, but you’ll need to ensure they are not outdated and that they are posted appropriately.

Where to post: Notices that must be posted should be placed where employees can ‘readily observe them’. That may mean hanging them in the break room, by the time clock, in a regularly used meeting room, etc. Where ever you know the employees that need to see it will see it. Some required notices do not need to be posted but can simply be handed to the covered employees. Follow the links below to learn which is which.

Federal posters: Not all federal statutes are applicable to all employers. Therefore, posting requirements will vary depending on company criteria such as number of employees, type of business, clientele, etc. To help you determine which Department of Labor (DOL) posters are required for you, the DOL has created a handy on-line tool called the FirstStep Poster Advisor. Click here to access the Advisor and answer a series of brief questions about your company. This survey will help you figure out what is required for your shop.

Here is a listing of some of the most commonly required DOL employee notices (listed by the related Act) along with the currently-accepted revision date:

  • FLSA: Fair Labor Standards Act (July 2007 or July 2009)
  • OSHA: Occupational Safety and Health Act (2006 or earlier)
  • FMLA: Family and Medical Leave Act (January 16, 2009)
  • EEO: Equal Employment Opportunity (November 2009)

These posters, and others, can be downloaded or ordered, at no cost, from the DOL. Some of the posters are also available in languages other than English.

State posters: Don’t forget those state requirements. All employers in Pennsylvania must display the following posters, according to the state’s Department of Labor & Industry:

  • Minimum Wage Law Summary (Rev 9-09)
  • Abstract of the Equal Pay Law (Rev 2-07)
  • Unemployment Compensation (Rev 8-09 or 12-09)
  • Workers’ Compensation Insurance (Rev 5-09)

Other posters may be required, depending on your business. For more information about these and other state posters, visit your state’s labor web site. Below are a few links that might help:

Need help finding information from other states or determining posting requirements for your company? Contact East Coast Risk Management. We offer Human Resource audits and consulting to help you ensure full legal compliance with posters, handbooks, records retention, and many other areas.

Don’t forget to send your questions to hrcounselorscorner@eastcoastrm.com. If you’d like email notification of all blog updates, just click the follow button at the bottom of the window.

Disclaimer

The information provided on this web site is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this web site do not create an attorney-client relationship between East Coast Risk Management or our employment attorney and the user or browser.

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