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Mastering the Labor Law Posting Compliance

December 13, 2018

Labor law poster compliance is often an oversight for small business owners.  Even though it is the law, it is often low priority on the to-do list. However, making this a priority will help protect your business from fines that may come for missing these required notices.  The notices should be visible to all employees and located in a common place that employees visit regularly.  If you have multiple locations, make sure there are posters at all the locations.  If one location has multiple break rooms, you may need to post them several times in one building. Notices are required by law to remain intact or unaltered, so laminated posters are a good option to keep them from being altered, defaced, or covered by other material.

 

Applicant-area postings are a compliance requirement, too, yet many businesses aren’t even aware of them. Whether the applicant is there 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. 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.

All U.S. employers are required to display up to six federal postings listed below:

  • 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).

 

Besides the federal posters, you need to 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.

 

If you search and print out your own posters, be careful you do not make the size/font to small.  An example, the 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. With the ever-changing laws, minimum wage increases, and more, your poster may only be good for short period of time.  You will want to replace your notices with new ones as they become obsolete. There are quite a few companies that will generate all the required notices based on your location and even laminate the materials, so they are protected. 

 

Need more information?  OmniaHR provides consulting services, poster updates, and more.  Reach out to one of our certified professionals today.

 

 

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