Why are labor law posters needed?

  • 1st February 2016

The United States Department of Labor requires that certain posters and/or notices be posted in the workplace which provides information on employee rights. Employers who employ one or more employees must adhere to the posting requirements. Generally, whether an organization is non-profit or for-profit has no bearing on whether notices have to be posted. States and local governments may also have posting requirements. Failure to post a required state or federal labor law posting may subject the employer to citations and penalties.

If I can download or request postings from the government for free, why should I purchase them?

  • 1st February 2016

You can certainly obtain the notices for free; however, locating them, downloading, printing, posting each one up, and ensuring that they are up to date is a time-consuming process. One state may only require two (2) postings (separate from federal postings) while another may require ten (10). Because postings must be placed in an area where they can be easily read by employees, this may require a lot of space and may cause unwanted clutter. Our posters adhere to any size requirement and neatly fits on a poster. Furthermore, if you purchase our E-Update Service or Poster Replacement Solution with your poster purchase, we will update you with any changes (within your plan) so you can remain in compliance.

How do I know if the poster I currently have contains the most recent updates?

  • 28th January 2016

Recent Osha4less posters have a QR code that you can scan on your mobile device to determine if your poster is up to date. Our All-In-One Labor Law Posters include postings provided by both State and Federal Government agencies. To assist in identifying particular postings, our Labor Law Posters are equipped with a legend. The poster legend identifies which postings have been issued by State or Federal agencies and can also include information on industry specific notices, or those notices required by employers operating a business with a particular number of employees. A poster revision date located at the left corner of the poster gets updated whenever we proceed with changes to postings, regardless of whether the change was mandatory or recommended. To determine if there is a superseding revision date, visit our posterupdates.com page.

Alternatively, you can visit the “Review Poster Changes” section of our website to determine if there have been any changes since the date the labor law poster was purchased. Please note that if you bought a Poster Replacement Solution with your poster, Osha4less will automatically send a replacement poster within your plan for any mandatory changes as soon as the updates become available. If you bought an E-Update Service with your poster, Osha4less will send out an email update for both mandatory and recommended changes when the updated posting becomes available.

If the minimum wage in my state is higher than that of the federal’s, do I have to display both minimum wage posters?

  • 14th January 2016

Yes, you will need to post both the state and federal minimum wage notices as there may be exceptions to the minimum wage law in your state. An employer is to pay the higher amount of the two wages; however, in circumstances where employees are not covered by the state minimum wage, they would be covered under the federal minimum wage. Furthermore, there are additional provisions on the federal minimum wage posting for overtime, tipped employees, etc. that may need to be considered.

What happens if my business is not in compliance with labor law postings?

  • 17th November 2015

The United States Department of Labor requires that certain posters and/or notices be posted in the workplace. Failure to post a required state or federal labor law posting may subject the employer to citations and penalties. Fines vary by agency; therefore, failing to post a number of posting can cause those fines to add up.

The following is a list of examples for fines that may be assessed for failure to display a required posting:
  • The OSHA Job Safety and Health: It’s the Law poster – OSHA’s regulation, at 29 CFR 1903.2(d) provides that: “Any employer failing to comply with the provisions of this section shall be subject to citation and penalty in accordance with the provisions of section 17 of the Act.” Such violation may amount up to $7,000 for each violation (up to $70,000 for continued violations).
  • Employee Polygraph Protection Act (EPPA) Poster – The Employee Polygraph Protection Act of 1988 provides at Sec. 6(a)(2) that: “any employer who violates any provision of this Act may be assessed a civil penalty of not more than $10,000.”
  • Your Rights Under the Family and Medical Leave Act – The U.S. Department of Labor, Wage and Hour Division may impose a civil money penalty of up to $110 (for each offense) for willful failure to post.

Required postings vary across industries; therefore, the above is far from a comprehensive list. Each state requires a different set of postings (in addition to some federal postings). The amount of the penalty may not always be evident on the posting. Often times, penalties are assessed on a per-basis offense, whereas other times there is a maximum amount the fine may be assessed.