There are many aspects relating to compliance. One major piece is making sure the appropriate labor posters and notices are posted in the workplace, and on certain job sites, for employees to see. These posters ensure employees know their rights, and also ensure the employer is doing their part to notify their employees of all the important information they should know.
What Posters Are You Required to Post?
There are multiple notices and posters that are required to be posted in a visible area of the workplace. It will depend on the type of employer and the state of operations for which posters need to be posted, but here are some of the common posters and notices that all employers should have posted in their workplace, or provide a digital copy to those employees working remotely.
Fair Labor Standard Act and Minimum Wage
The Fair Labor Standard Act (FLSA) sets the federal requirements for minimum wage, overtime, recordkeeping, and youth employment standards. This applies to all businesses in the private sector, as well as federal and state government employers and employees. Every employer is required to post the notice in a conspicuous area of the workplace, so employees have access to the information regarding FLSA requirements.[1]
Job Safety and Health: It’s the Law
The Occupational Safety and Health Administration (OSHA) requires this poster to be posted in the workplace for any employer in the private sector that engages in commerce. The “Job Safety and Health: It’s the Law” poster informs employees of their rights to a safe workspace under the Occupational Safety and Health Act. If an employer operates in a state with an OSHA-approved state plan, there may also be state-specific posters that will need to be displayed as well.[1]
Employees Rights and Responsibilities Under the Family Medical Leave Act
The Family Medical Leave Act (FMLA) allows employees to take unpaid, job-protected leave for medical or family purposes. FMLA requires that employees are entitled to a certain amount of leave per 12-month period to care for family members who are ill. The full requirements can be found here. Any employer in the private sector, who employs 50 or more employees in 20 or more workweeks and engage in any type of commerce or an industry actively affecting commerce, is required to display the FMLA notice in the workspace for employees to see. The poster explains the provisions of FMLA and explains how employees may file a complaint with the Wage and Hour Division of FMLA violations.[1]
Equal Employment Opportunity Commission
All employers, with 15 or more employees in the public or private sector are required to display the Equal Employment Opportunity Commission (EEOC) poster. The EEOC protects and enforces Title VII of the Civil Rights Act and the Americans with Disabilities Act. The EEOC poster describes the laws prohibiting employment discrimination based on race, color, sex, national origin, religion, age, equal pay, disability, and genetic information. The “EEO is the Law” poster provides a summary of these laws and explains how an employee can file a complaint if they believe they have been the victim of discrimination.[1]
The laws surrounding these posters all mention displaying them in the workplace. However, given the current situation and many employees working from home, the Department of Labor (DOL) has issued guidance around notifying employees that work remotely. Electronic postings by employers via email, an internet, or intranet website will satisfy the requirement to provide employees with the notices. If the business is experiencing a hybrid workforce where some employees are in the office while others are working remotely, employers must post the notices onsite, as well as electronically. More guidance can be found in the Field Assistance Bulletin produced by the DOL.
If you are looking for guidance on what information you need to provide in order be compliant, Harbor America is here to assist. Our team of human resource and safety and risk management experts remain up to date on the latest compliance information, so rest assured your business will always be compliant with local, state, and federal regulations. Our team can provide access to the necessary posters and offer guidance on where they should be displayed in your workplace, or virtually, so your employees are notified of their rights and your business satisfies all requirements.
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