In my 10 years conducting compliance audits, I find posting mistakes in almost every organization, regardless of size, location and type (government, for-profit, not-for-profit). Compliance audits are necessary to ensure compliance, postering requirements change throughout the year. Annual subscription will ensure compliance; I can help with an annual subscription for digital and posters!  Identify Required Posters: Create a comprehensive list of all federal, state, and local labor law posters required for each location. Utilize online resources, legal counsel, or labor law poster compliance services to ensure accuracy.Physical Inspection: Conduct a physical inspection of each workplace to verify that all required posters are displayed in conspicuous locations where employees can easily access and read them. Common locations include break rooms, employee entrances, and near-time clocks.Poster Content Review: Carefully examine each poster to ensure it is the most current version. Labor laws are subject to change, and outdated posters can lead to non-compliance. Check for revision dates or contact the relevant government agency to confirm the poster’s validity.Accessibility Assessment: Evaluate the accessibility of the posters for all employees, including those with disabilities. Ensure that posters are displayed at an appropriate height and are readable. Consider providing posters in multiple languages if a significant portion of the workforce speaks a language other than English.Documentation: Maintain detailed records of the audit, including the date of the audit, the locations inspected, the posters reviewed, and any identified deficiencies. This documentation will be valuable for demonstrating compliance and tracking progress in addressing any issues. Penalty ExamplesOccupational Safety and Health Act (OSHA): Up to a $16,550 maximum fine per violation.Employee Polygraph Protection Act (EPPA): Up to a $26,262 maximum fine per violation.Equal Employment Opportunity is the Law (EEOC): Up to $659 per violation.Family and Medical Leave Act (FMLA): Up to $216 per violation for employers with 50 or more employees. How to stay compliant Display posters correctly: Post all required federal and state posters in a prominent and easily accessible location where employees can see them, such as a break room or time-clock area. Keep them updated: Replace posters whenever there is a mandatory change in the law. Provide for remote employees: If your employees work exclusively remotely, you may be able to provide digital copies. However, many federal statutes require both electronic and hard-copy postings, and you should not rely on electronic notices as a complete substitute unless all employees are remote and have easy access to the digital versions. Check specific requirements: Pay attention to specific requirements, such as the OSHA poster having a minimum paper size of 8.5 by 14 inches. NYS Requirements “In addition to the increasing number of posters employers are required to physically display, effective December 16, 2022, New York employers must now furnish all employees with digital copies of all required posters via email or by posting them on the employer’s website. Section 201 of New York’s Labor Law requires employers to furnish employees with “copies or abstracts” of laws, rules, and orders, that are designated by the New York State Department of Labor (NYDOL) as affecting employees. Traditionally, this obligation was satisfied by an employer posting the copies and abstracts “in a conspicuous place on each floor of the premises.” Indeed, the NYDOL’s guidance has previously indicated that furnishing required notices electronically only may not be sufficient for employers to satisfy their obligations under Section 201. The physical requirement piece of Section 201 has now been confirmed with the latest amendment. On December 16, 2022, Governor Kathy Hochul signed into law an amendment to Section 201 that expanded the posting requirements. Employers must now:Furnish digital versions of all copies and abstracts required under New York law or the NYDOL’s regulations to all employees through either the employer’s website or by email;Furnish digital versions of all other documents required to be physically posted in the workplace pursuant to any state or federal law or regulation to all employees through either the employer’s website or by email; andProvide notice to employees that all physically posted notices are available electronically.The amendment language indicates that these new requirements do not substitute an employer’s obligations under New York or federal law to physically display postings in a conspicuous place in the workplace. Instead, the electronic furnishing of postings is an additional requirement for employers to satisfy. Failure to comply with these new requirements can result in monetary fines. Additionally, non-compliance may be used as evidence to support other alleged workplace violations by an employer. (Fox Rothchild) As many of our organizations have been implementing and utilizing remote worker options, we cannot forget the requirements for labor and employment law posters. Local, State and Federal laws have different requirements and definitions for remote workers. Broad Definition of Remote Workers:Works at homeDoes not report to a physical job siteIs an employeeOther Considerations:Independent Contractors: Organization is not requiredDigital Nomads: Organization is not requiredGig Workers: Depends on payrolling of the individualTemporary Workers: Depends on payrollingWorkers on site at customer’s office: If the customer’s office has posters, more than likely no, but you do want to work with the customer to ensure compliance.General Posting Requirements:VisibleConspicuous LocationReadableNot DefacedPost Where Employees Report to Work Each DayRemote Workers with Internet Access:Internal website linkConspicuously Displayed: Ensure it is easy to find on your intranet portal and not buried in folders.Ensure workers are aware of how to accessMake remote workers aware of their rightsCan send them their own set of postersElectronic posters = best practiceStill need paper posters at main office and other locationsEEOC: In most cases, electronic posting supplements physical posting but does not itself fulfill the employer’s basic obligation to physically post the required information in its workplaces. The majority of the agencies, laws and regulations were written prior to the remote work became a popular model for organizations to implement. However, there are a few federal and state laws that have implemented electronic posting language.USERRA Notice: May be posted or distributed in other ways.FMLA Notice: May be distributed electronically if all other requirements are met.EEOC: employers are encouraged to post the electronic notice on their internal websites in a conspicuous locationColorado Paid Leave, Whistleblowing & PPE: Provide through electronic communication, or conspicuous posting in the web-based platformFFCRA: An employer may also directly mail the required notice to any employees who are not able to access information at the worksite, through email, or online.Pennsylvania Mandatory Requirements  The 15 Mandatory Federal Contractor Postings:“National Labor Relations Act (NLRA)Informs employees of their rights under the National Labor Relations Act to form, join, and support a union and to bargain collectively with their employerMust be posted in English and any language common to a significant portion of workers if they are not fluent in EnglishPosting requirement does not apply to contracts of less than $100,000Enforced by the U.S. Department of Labor – Office of Labor-Management Standards and Office of Federal Contract Compliance ProgramsThere has been some confusion recently on whether this is a required poster. The National Labor Relations Board previously required private employers to post a similar notice, but a recent case has put that requirement on hold until further notice. That decision has no impact on federal contractors who are still required to post this poster.Walsh-Healey Public Contracts Act/Service Contract ActNotifies employees of the minimum wage rate, overtime requirements and safety and health requirementsMust be posted by federal contractors and subcontractors with contracts in excess of $10,000 for the manufacturing or furnishing of materials, supplies, and equipment to the federal government or federal contractors who provide services to the federal government using service employees whose contract exceeds $2,500Enforced by the U.S. Department of Labor – Employment Standards Administration – Wage and Hour DivisionAmerican Recovery and Reinvestment Act (ARRA) Whistleblower RightsInforms employees of their whistleblower rights under the American Recovery and Reinvestment ActMust be posted by federal contractors who received funds under the ARRAEnforced by the Recovery Accountability and Transparency BoardDepartment of Defense (DOD) Fraud HotlineInforms employees of the Department of Defense Fraud Hotline number for reporting fraud, waste and abuseMust be posted by federal contractors who have contracts with the Department of Defense that exceed $5,000,000Enforced by the U.S. Department of DefenseDepartment of Defense (DOD) Whistleblower HotlineInforms employees of their whistleblower rightsMust be posted by federal contractors who have contracts with the Department of Defense that exceed $5,000,000Enforced by the U.S. Department of DefenseDepartment of Homeland Security (DHS) Fraud HotlineInforms employees of the Department of Homeland Security Hotline number for reporting suspected criminal violations, misconduct and wasteful activitiesMust be posted by federal contractors who have contracts with the Department of Defense that exceed $5,000,000 and if the DOD contract is funded, in whole or in part, by DHS disaster relief fundsEnforced by the U.S. Department of Homeland Security – Office of the Inspector GeneralNotice to Workers with Disabilities/Special Minimum WageInforms employees the conditions under which special minimum wages may be paidMust be posted by federal contractors who employ disabled employees paid at a special minimum wageEnforced by the U.S. Department of Labor – Employment Standards Administration – Wage and Hour DivisionE-VerifyNotifies applicant and employees of their rights under the E-Verify programMust be posted by federal contractors in English and Spanish and posted near entranceEnforced by the U.S. Department of Homeland SecurityRight to WorkNotifies applicants and employees of their discrimination rights under the E-Verify programMust be posted by federal contractors in English and Spanish and posted near entranceEnforced by the U.S. Department of Homeland Security 2Federal Contractor Minimum WageInforms employees of the federal minimum wage for contractorsMust be posted by federal contractors and subcontractors that have FLSA-covered workers performing work in connection with a covered Service Contract Act or Davis-Bacon Act contract, as well as those with concessions contracts or contracts offering services to federal employees or the public on federal propertyEnforced by the U.S. Department of Labor – Employment Standards Administration – Wage and Hour Division“EEO is the Law” SupplementInforms applicants and employees of federal nondiscrimination laws and procedures for filling complaints with the Office of Federal Contract Compliance ProgramsMust be posted by federal contractors and subcontractors with contracts in excess of $10,000Enforced by the U.S. Department of Labor – Office of Federal Contract Compliance ProgramsPay Transparency Policy StatementInforms applicants and employees of their pay transparency rightsMust be posted by federal contractors and subcontractors with contracts in excess of $10,000Enforced by the U.S. Department of Labor – Office of Federal Contractor Compliance ProgramsFederal Contractor Paid Sick LeaveInforms employees of their paid sick leave rightsMust be posted by federal contractors and subcontractors that have FLSA-covered workers performing work in connection with a covered Service Contract Act or Davis-Bacon Act contract, as well as those with concessions contracts or contracts offering services to federal employees or the public on federal propertyEnforced by the U.S. Department of Labor – Employment Standards AdministrationDavis-Bacon ActNotifies employees of prevailing wage requirements and overtime pay under the Davis-Bacon ActMust be posted by federal contractors and subcontractors performing on federally funded construction projects in excess of $2,000 for the actual construction, alteration/repair of public buildings or public worksEnforced by the U.S. Department of Labor – Employment Standards Administration – Wage and Hour DivisionDepartment of Transportation (DOT) Federal Highway ConstructionInforms employees to report any false statement, false reports or false claims made to the character, quality, quantity, or cost of any work performed on the contractMust be posted by federal contractors who work on federally funded highway construction projectsEnforced by the U.S. Department of Transportation” (Poster Guard) |
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