Updated Optional New York State COVID-19 Postings for Paid Sick Leave
Federal and State Labor Poster Changes 2020
Federal Contractor Posters:
- Are displaying the 2020 Worker Rights Under Executive Order 13658 (federal contractor minimum wage) poster, if their contract indicates that they are covered by the executive order.
- Are also displaying the most recent version of the Employee Rights under the National Labor Relations Act poster. This posting was updated in May with contact information for hearing impaired callers.
A number of new laws with posting requirements took effect. These include laws and posters relating to:
- Servicemember Rights (Illinois)
- Paid Sick Leave (Michigan)
- Paid Family and Medical Leave (Massachusetts)
- Notice of Employee’s Sickness or Injury (Nevada)
- Paid Family Leave (Washington)
- Workplace Accommodation (Oregon)
These new laws with posting requirements show that having a physical posting on the wall still carries clout as a way to make employees aware of their rights. Reminder, the combined poster does not always contain the required posting information. Confirm with your poster provider on new posters and posting requirements. Information can also be downloaded on state websites or provided by an insurance broker or payroll company.
Additional Changes Across the Country:
Discrimination: New employee protections brought mandatory changes to two states.
- In California, laws prohibiting discrimination based on hairstyle and extending the window for filing a complaint brought a mandatory change to the Discrimination & Harassment posting. The Transgender Rights posting was also updated with information on the new filing deadline.
- In New York, a number of new laws are reflected on the state’s revised discrimination posting released in December. These include laws prohibiting discrimination against individuals based on religious garb, facial hair, reproductive choices, or domestic violence. Protections now cover domestic workers and independent contractors.
Pregnancy Accommodation: In Oregon, a law requiring employers to provide accommodations for pregnant employees has brought a new Workplace Accommodations posting requirement to the state.
Paid Family Leave: In Washington state and the District of Columbia, paid family leave laws have a posting requirement. In Washington, it took effect on January 1, and in the District of Columbia, it’s effective on February 1.
Potential Federal & State Future Changes:
Federal FLSA — New DOL enforcement authority for tipped wage violations has been proposed and could bring a mandatory posting change.
- Colorado — Minimum Wage
- Connecticut — Minimum Wage
- Louisiana — Earned Income Credit
- Virginia — Earned Income Credit Local
- New Mexico: Santa Fe Minimum Wage
- Pennsylvania: Philadelphia Fair Workweek (retail, hospitality, and food service employers)
*(JJ Keller & Associates)
We can see how quickly posting requirements evolve across the country. During audits I do find mistakes with most organizations. It is imperative we have accurate and up-to-date posting requirements throughout the organization. I am happy to assist any organization that as questions regarding posting requirements.
Recent New York State Posters Released:
· Workers’ Compensation Disability Benefits Wage Information
· Human Rights Law
· Workers’ Compensation Statement of Rights
· Workers’ Compensation Disability of Rights
2020 Labor Poster Fines:
- The maximum penalty for violating the Occupational Safety and Health Administration (OSHA) posting requirement is $13,494.
- An employer who violates any provision of the federal Employee Polygraph Protection Act of 1988, including the posting requirement, faces a fine of up to $21,410.
- The penalty for failing to display the Equal Employment Opportunity is the Law posting (required for employers with 15 or more workers) increased to $559 (anticipated to increase in April)
- Employers with 50 or more workers are required to display the Family and Medical Leave Act (FMLA) notice, and the penalty for willful refusal to display it is $176.
- State posting requirements can also carry penalties. For example, failure to display the Cal/OSHA safety and health protection poster could bring a $1,000 fine.
“At the federal level, combined fines for the six mandatory postings (five include businesses with fewer than 50 employees) could add up to more than $35,000 per location. Additionally, state and local government posting fines are typically between $100 and $1,000 per violation. (Each posting carries its own fines because every agency and posting law is different.)” Poster Guard
Virginia Earned Income Tax Credit Poster
Updated to reflect general information on who qualifies for EITC. The Virginia Department of Social Services updated the EITC poster with general information on qualifications for EITC rather than previous versions which included income limits. This posting appears on the Virginia Combination Poster. This is a mandatory change.
Louisiana Earned Income Credit Poster
Updated to reflect the 2020 income limits for earned income tax credit. This posting appears on the Louisiana Combination Poster. This is a mandatory change.
Illinois ISERRA poster
Updated to clarify the rights, benefits and obligations under ISERRA. The poster clarifies that employers maintain the right to provide greater benefits at their discretion. This posting appears on the Illinois Combination Poster. This is a mandatory change.
Utah OSHA Poster
Updated to reflect that employees now have the right to request and participate in a UOSH inspection when there are unsafe or unhealthful conditions in the workplace. Employers and employees may also file a complaint about the state program administration with the Occupational Safety and Health Administration. This posting appears on the Utah Combination Poster. This is a mandatory change.