I have conducted many HR compliance audits over the past years and labor and employment law postings continue to be an audit issue for many organizations. The posting requirements continue to be an evolving area for any organization to keep up with. I encourage all organizations to review postings annually, if not semi-annually. If you are unclear what to look for, seek guidance, this is an area that can be a problem for organizations of all sizes.
Examples of Current Requirements:
- The Family and Medical Leave Act (FMLA) notice is required to be displayed by covered businesses with 50 or more employees and by all public agencies regardless of the number of employees.
- The “Equal Employment Opportunity is the Law” poster is required for federal contractors as well as employers with 15 or more workers.
- Transportation industry employers in New York State need to display the Commercial Goods Transportation Industry Fair Play Act posting.
Employers must display required federal posters in a conspicuous place, and face penalties for noncompliance:
- The penalty for violating the Occupational Safety and Health Administration (OSHA) posting requirement could reach $13,260;
- An employer violating any provision of the Employee Polygraph Protection Act of 1988, including the posting requirement, faces a fine of up to $21,039;
- Covered employers who do not post a notice of anti-discrimination rights (“Equal Employment Opportunity is the Law”) face a fine of $559; and
• Employers covered by the Family and Medical Leave Act (FMLA) who willfully refuse to display the notice could be fined $173.
New York State Voting Leave Rights (Modified from 2019 Posting)
New York State Voting Leave Rights Section 3-110 of the New York State Election Law, which relates to providing employees in New York State time off to vote, was recently amended effective April 3, 2020.
New York Paid Sick Leave (Watch for Updates from the State)
Below is the New York City Example:
Under New York City’s Earned Safe and Sick Time Act (Paid Safe and Sick Leave Law), certain employees have a right to safe and sick leave. Employees who work for employers who must provide safe and sick leave must receive a written notice from their employer when they begin employment or by June 4, 2018, whichever is later. You have a right to be given a notice in English and, if available on the DCA website, your primary language.
OSHA 300A Posting
Who Keeps Records
Under OSHA’s recordkeeping regulation, certain covered employers are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. This information is important for employers, workers, and OSHA in evaluating the safety of a workplace, understanding industry hazards, and implementing worker protections to reduce and eliminate hazards.
However, there are two classes of employers that are partially exempt from routinely keeping injury and illness records. First, employers with ten or fewer employees at all times during the previous calendar year are exempt from routinely keeping OSHA injury and illness records. OSHA’s revised recordkeeping regulation maintains this exemption.
Second, establishments in certain low-hazard industries are also partially exempt from routinely keeping OSHA injury and illness records. Due to changes in OSHA’s recordkeeping requirements that went into effect Jan. 1, 2015, certain previously exempt industries are now covered. See the lists of both exempt and newly covered industries for details. The previous list of partially exempt industries was based on the old Standard Industrial Classification (SIC) system and injury and illness data from the Bureau of Labor Statistics (BLS) from 1996, 1997, and 1998. The new list of partially exempt industries in the updated rule (link) is based on the North American Industry Classification System (NAICS) and injury and illness data from the Bureau of Labor Statistics (BLS) from 2007, 2008, and 2009.
Sexual Harassment Posting (recommended)
Voting Regulations (recommend posting all the time)
Unemployment posting see information below
This is the PDF to order the posting:
Notice to Employees (IA 133)
Complete this form if you would like to order the Unemployment Insurance Notice to Employees (IA 133) poster. The poster is available in various languages. You are required to display this poster.
New York State Department of Labor, Registration Subsection State Office Building Campus Albany, NY 12240-0339 Phone: (518) 485-8589 Fax: (518) 485-8010
Common Audit Mistakes:
Expired Workers Compensation Poster
Expired DBL Poster
Expired PFL Poster
Posters are also missing at times.
Additional Poster Changes:
New York Minimum Wage poster has been updated to reflect an increase to the minimum wage for tipped workers. The tip credit for employees under the Miscellaneous Industries Wage Order was reduced by 50% on June 30, 2020 and will be eliminated entirely on December 31, 2020. This posting appears on the New York Combination Poster. This is a mandatory change.
Nevada Minimum Wage poster has been updated to reflect the minimum wage effective July 1, 2020. The minimum wage increased from $7.25 per hour to $8.00 per hour for employees to whom qualifying health benefits are offered or made available. The minimum wage will increase from $8.25 per hour to $9.00 per hour for all other employees. This posting appears on the Nevada Combination Poster. This is a mandatory change.
Old Labor Law Poster Suggestions
A recent Society of Human Resources Article (SHRM) recommends, “old employment law posters should be saved to help prove past compliance, even though retaining old posters isn’t required…employers also should take pictures of old posters with time-and-date stamps to have a physical record that they were displayed…save them for the applicable time employees have under the statute of limitations.”[i] The suggestion is based on any potential employee litigation, the plaintiff’s attorney could claim an older poster was not displayed, “and that the statute of limitations should be suspended, permitting older claims to be filed.”[ii] Ensure these posters are displayed and visible for employees, in break rooms or where employees clock in. One poster is not always sufficient. Certain posters need to be displayed for applicants as well.
“The current penalties for first offenses in failing to display federal posters are:
- $12,675 for failure to display the Occupational Safety and Health Administration poster.
- $534 for failure to post the Equal Employment Opportunity poster.
- $166 for failure to display the Family and Medical Leave Act poster.”[iii]
The article also recommends updating the posters or reviewing annually. Last year, we did see changes in August in multiple federal sections. Reviewing more than once per year is a proactive approach for any organization, companies do offer a monthly service to send your organization updated posters anytime changes are made federally and/or state specific regulation. The risk is not worth a potential $12,000 fine. Ensure your organization is compliant with up-to-date labor and employment law posters. If you have questions, ask for assistance.