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Labor Law Posting Requirements

If your business has at least one employee, you are required by state and federal labor laws to post a variety of labor law notification in an area that is regularly visited by your employees and, in certain instances, applicants for employment. 

These notifications are required to inform your employees of their employment rights and various work-related laws and regulations.

Common mandatory federal posting requirements include the following notifications:
  • The Employee Polygraph Protection Act (EPPA) - prohibits employers from having their employees submit to lie detector tests
  • The Equal Employment Opportunity Commission (EEOC) - explains the laws that prohibit discrimination in the workplace
  • The Fair Labor Standards Act (FLSA) - establishes the federal minimum wage, overtime pay, and child labor standards 
  • The Federal Family and Medical Leave Act (FMLA) - explains the rights and obligations that both employers and employees have under the law
  • Job Safety and Health: It's The Law! - OSHA - informs employees of their right to a workplace free from hazards to their health and safety
  • The Uniform Service Employment and Reemployment Rights Act - provides notice of the protections for returning members of the uniformed services.

In addition, there are state specific notifications, notifications for city/county compliance, and additional notifications for government contractors and certain industries.

Failure to Comply with Labor Law Posting Requirements

Failure to comply with labor law posting requirements can be an expensive proposition. On the federal level, you may theoretically be fined as much as $33,486 per location for posting violations. This is based on increases that went into effect in January of 2017 and includes fines for missing posters, and/or outdated posters.

On the state and local levels, fines and penalties typically range from $100 - $1000 per violation. But, beyond the fines and penalties, failure to comply with labor law posting requirements can expose your business to even greater liabilities.

For example, employees have successfully argued in courts that where a company has failed to properly maintain labor law postings, the employees were not aware of their rights. This can open the door for an employee to file a lawsuit beyond the statute of limitations, which means that you can be sued by an employee who worked for you three, four, or even five years ago.

Can you imagine having to recall the circumstance surrounding that individual's employment? Given the rate at which employees change jobs, that person's supervisor and co-workers may be long gone. So, the last thing you want is to be sued at a time so remote from the actual event.

Posting Compliance––Your First Line of Defense

The primary source of lawsuits and complaints that result in having a government agency show up at your door usually come from employees and more frequently from former, disgruntled employees. When this is the case, posting compliance is your first line of defense, as it can allow you to have a claim stricken or entirely dismissed just because it was filed too late.

For example, if you get a claim from an existing or former employee for a violation that does not fall within the applicable statute of limitations, you can move to have that claim dismissed and escape all the legal fees and potential liabilities for that claim and the lawsuit, even if a violation did occur.

If you have posting violations, however, an old claim that could have been dismissed, can easily turn into a six-figure judgment against you just because you failed to properly post a required notification on the wall. For this reason, posting compliance is of the utmost importance for any business that has employees.

Contact An Experienced Employment Law Attorney

The labor law notifications that you are required to post are usually available by download or mail from the various government agencies that require the specific notification to be posted. But, it’s up to you to know what notices must be posted and to go find them all.

Speak to an employment law attorney for information on the most effective ways to stay in compliance with federal and state labor law posting requirements, Contact Lippitt O’Keefe Gornbein, PLLC.

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