Federal & State Labor Law Posting Requirements
Chatting at the water cooler is standard procedure during breaks for most workers. The backdrop of a break room environment usually includes officially looking posters about what is legally required from employers and employees. How many employees actually stop to read federal and state required labor posters?
Other People Are Reading
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Identification
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Federal labor posters are mandated by the government to educate employees on their rights and duties as employees. They include a variety of information including minimum wage laws, equal opportunity laws, the Family and Medical Leave Act and laws governing OSHA (Occupational Safety and Health Administration). States have their own set of requirements of laws that are posted in addition to federal laws. Certain types of laws only apply to certain businesses, so not all businesses have to post all labor laws. It is the responsibility of the business owner to determine the laws that apply to him.
Geography
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Laws specific to the state of Texas include a notice of unemployment insurance. California requires a Notice A, Pregnancy Disability Leave, and Notice B, Family Care and Medical Leave & Pregnancy Disability Leave. California and Texas require that posters are also available in Spanish. Workers in Maine may also see a poster about Video Display Terminal Laws. There are basic laws that all states post, but many laws are specific to individual states.
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Warning
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Failure to post a law is investigated on an independent basis. Lawmakers determine if the failure to post is an oversight or a refusal. Penalties include citations for some posters or civil monetary penalties in others. Failure to post the Family and Medical Leave Act poster, for example, starts with a $100 fine. An employer who is required to post the Employee Polygraph Protection Act, but fails to do so, may actually be taken to court. It is clear that failure to post certain laws brings heavier consequences than failure to post others.
Types
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The laws governing labor law posting extend beyond federal and state requirements. Different types of businesses are required to post certain laws. Private commerce businesses must post OSHA laws. This is not required by federal and state entities. Agricultural employers must post notice of the Migrant and Seasonal Agricultural Worker Protection Act. Contractors or subcontractors who receive over $2500 in government contracts must post a notice to Employees Working on Government Contracts.
Theories/Speculation
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As laws protecting workers continue to increase, employers need to be mindful of posting requirements. Failure to post pertinent labor laws could lead not only to penalties from the government, but civil law suits from employees. Owners and HR Managers need to understand how the government designates their specific business type.
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