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If I am a small business
do I have to post? |
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Yes. There are several poster
requirements that you should post, even if you
are a very small business. Below are general Federal
posters that must be posted at each site:
- Federal Minimum Wage
- Equal Employment Opportunity: It’s
the Law
- Job Safety and Health Protection
- Employee Polygraph Protection Act
- Employee Rights under USERRA
You are also required to post the Family Medical
Leave Act, if you employ more than 50 workers
for 20 or more weeks during the year. For some
small employers that increase staffing significantly
for seasonal reasons – tax preparation,
for example – this factor may come into
play. |
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I’ve posted all the federal
posters. Do I need anything else? |
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Yes. All companies must post both
the federal posters and the notices required by
the state. Each state has its own specific requirements
and posters that must be displayed. Check your
state requirements here,
and remember that companies operating facilities
in multiple states should be aware of the different
requirements for each state. |
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How can LaborLawCenter.com
help you get in compliance and stay in compliance?
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We simplified the compliance requirement
for you by combining the State, Federal, and OSHA
posting requirements on our one Complete Labor
Law Poster. In addition, our website offers a
central information portal for you to review other
products you may need depending on the location
of your business and industry. Please click here
to purchase your State, Federal, and OSHA posting
requirement and find information on other posting
requirements. |
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How do I know if what I
have is all I need? |
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You’ll need to make sure
you understand specifically which laws apply to
your business, and the requirements for your state.
And just because some of your employees are not
protected by a certain regulation doesn’t
mean you’ll automatically be exempt from
the posting requirements. For example, the FMLA
poster will only apply if you meet the conditions
for FMLA, but even if only one location qualifies,
the regulations mandate that you must still display
the posters at each site. Our Complete Labor Law
Poster combines all the State, Federal, and OSHA
posting requirement on one poster. Please click
here,
and review your State’s page in detail and
obtain all necessary posters for your State and
industry. |
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What is the OSHA posting
requirement? |
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OSHA requires a notice that is
generally known as the Job Safety and Health Protection
Poster. All business regardless of size, location,
or industry type, must post the OSHA 3165 notice
which is included on our Complete Labor Law Poster
and our Federal Labor Law Poster. |
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I only have one employee
-- what do I need to post? |
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A sole proprietor doesn’t
need to display posters. But once you hire your
first employee, you’ll need to display federal
posters and those required by your state. For
example, you’ll need the Federal Minimum
Wage poster, Equal Employment Opportunity: It’s
the Law, Job Safety and Health Protection, Employee
Polygraph Protection Act notice and the Employee
Rights under USERRA poster. |
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I have no employees but
myself. Do I have to post notices? |
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No. However, if you hire an employee
in the future, you will need to. |
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I have no employees, but
I have a contractor with employees. Do I have
to post notices? |
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Maybe. Although it’s unlikely,
you might be considered a joint employer for these
workers. Check before you make a final determination
that posters are not needed. |
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I have no employees, but
I have unpaid volunteers. Should I still display
the posters? |
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If the workers are truly “bona
fide” volunteers under the Fair Labor Standards
Act, you don’t need to post the notices.
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If I am a non-profit, do
I have different requirements? |
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No. The non-profit status of your
company does not exempt you from requirements
to post all posters that apply to your employees
and applicants. |
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What are the consequences
for not posting the notices? |
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The specific penalties vary, but
you can be subject to citations, sanctions, and
fines of up to $100 for each violation. |
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Where should I display
the poster? |
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Posters should be displayed in
a “conspicuous” location where they
can be viewed by staff. Examples of such locations
might include specific, designated bulletin boards
in the break room, near the lockers or where employees
clock in each day. Make sure your bulletin boards
are organized and free from clutter so that the
posters are not obscured. The FMLA, EEO, and EPPA
posters are not just for employees to view—they
are also required to be placed where they can
be seen by applicants for employment. |
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I’m covered by the FMLA,
but only at one of my company locations. Must
I display the poster at all locations? |
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Yes. If you are covered by FMLA
at any of your locations, the notice must be prominently
displayed—for employees and applicants—at
all company sites. |
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Is an “all in one” poster
acceptable to meet the requirements? |
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Yes. All-in-one posters are acceptable
under the law, provided the full required text
of each notice is included in the all-in-one poster.
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I have a large facility
with multiple floors. Can I just display the poster
in the cafeteria, or am I required to post a copy
in each break room? |
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It depends. If you can demonstrate
that all employees regularly visit the cafeteria,
then posting them in that single location is acceptable.
However, the safest option is to post the notices
in each break room, or a location where they are
visible to all employees. |
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How do I make sure applicants
will see the poster? We don’t conduct interviews
at the same place each time? |
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If you have a physical location
where members of the public turn in applications,
you can display the poster there. Or if you require
applicants to wait in the lobby before their interview,
that would also serve as a good location. But
if you don’t have a consistent location
you’ll need to display the posters wherever
you interview employees—even if that means
in supervisor’s offices. |
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Our company has numerous
facilities, but all employees are required to
report to the central location once per week for
a staff meeting. Is it acceptable to post the
notices at the one central location and not at
each facility? |
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Yes, because staff are required
to attend the central location on a regular basis
and all staff have the opportunity to view the
poster. However, if staff report directly to several
different worksites and are not required to report
to a headquarters or central office regularly,
then you are required to post the notice at each
site. |
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Our business shares a workspace
with another employer. Must we display two sets
of posters? |
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No. Only one set is required, although
employers should ensure that both companies are
subject to the same requirements. Employees from
both companies must be able to view all the posters. |
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Do I have to physically
post the notices? Can’t I just put them on the
intranet? |
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The Department of Labor has said
that it will look at the possibility of online
posting. However, for the time being you can only
satisfy your posting requirements by physically
posting the notices in the workplace. |
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Must I still post the federal
minimum wage notice even if my state’s minimum
wage is higher? |
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Yes. It is still required. |
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Must I still post the federal
minimum wage notice even if I pay by commission,
bonus, tip sharing or stipend? |
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Yes. The method of payment and
specific payment structure does not exempt an
employer from posting the notice. |
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Can I be audited for non-compliance? |
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Yes. It’s not routine, but
audits can happen. In New Jersey, the Attorney
General conducted spot checks of local businesses
to check compliance with a recent change in a
state poster and found multiple failures to update
the notice. |
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Do I need to post in more
than one language? |
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It depends—both on your location,
and on the specific poster. Employers who are
required to display the FMLA poster must consider
the employees who will read the poster, and provide
it in the language the employee speaks. Employers
in the following states must automatically post
notices in both English and Spanish:
- Arizona
- California
- Florida
- Georgia
- New Mexico
- North Carolina
- New York
- Texas
It is a good general rule of thumb to post
all notices in English and in Spanish if a majority
of your workforce does not read English. |
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I’m displaying the poster,
so I’m in compliance. Right?
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Not necessarily. Just because you
posted the notice in 2001 doesn’t mean you’re
done. Employers are required to post the correct
version of the notice, meaning you’ll have
to check to make sure you have the most updated
version. Failing to post the required version
of a notice can lead to penalties and fines just
as severe as you’d face if you didn’t
post anything at all. Always check annually to
see if there have been any changes to the poster.
We also have services available where we would
ship you the initial poster and also updates as
they occur throughout the year. Click here
if you want to find out about our poster and update
service. |
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How will I know if something
changes in compliance laws that will require me
to update? |
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Changes happen on a frequent basis—there
are hundreds each year, although not all of them
require updates—and the government does
not provide notices to employers regarding compliance.
It’s up to each business to stay updated
on regulatory changes and new instructions. Alternatively,
companies can elect to purchase a service where
compliance is monitored on your behalf. |
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Is there a set update schedule
I can check for poster updates? |
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No—changes are not made according
to a schedule. You’ll need to check throughout
the year to determine if regulatory changes have
occurred, or purchase a service that does the
checking for you. To view the services we offer
to get poster updates throughout the year and
not have to worry about outdated posters, please
click
here. To view posters that have had updates,
please click
here. It will list the States that has been
updated and the reason for the update. |
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I heard there are specific
size and font regulations. Is that true? |
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Yes, some posters—like the
OSHA notice—are required to be displayed
on a certain size paper and with a minimum font
size. If you shrink the poster below the required
size, you won’t be compliant with your requirement
to post. |
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Could we just keep all
the posters in a binder at reception, for employees
to review at their leisure? |
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No. Like the concept of online
posting, this would not meet the requirements
to physically post the notice. Unless the poster
specifically allows for alternate methods of distribution,
like the USERRA poster, you must physically display
the poster in the workplace. |
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I’ve heard that I need
to laminate the posters or put them in a glass
cabinet. Why is that? |
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Certain posters have requirements
that mandate the employer to take steps to protect
them from defacing or destruction. This means
that simply posting a paper version of the poster
may not always be enough to meet your obligations
under the law. |
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If I am a federal contractor
do I have different requirements? |
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Yes. Federal contractors are
required to post the following posters, in addition
to the other standard posters:
Davis-Bacon Poster This poster—and
any related wage determination—should
be posted by any contractor performing work
covered by the Davis-Bacon performance standards.
It covers the following topics:
- Prevailing wage rates
- Apprentice rates
- Overtime
- Enforcement
Beck Poster The Beck notice
provides information to employees about their
rights with respect to union membership, fees
and the use of such fees by the employee organization.
The notice states that:
- Employees can’t be required to join
or maintain membership in a union.
- Non-members don’t have to pay the
full amount of dues and fees; they can pay
just their share of costs related to bargaining,
contract administration and grievances.
Walsh-Healey Poster This poster
must be displayed prominently by any employer
performing work covered by the Walsh-Healey
Public Contracts Act (PCA) or the McNamara-O'Hara
Service Contract Act (SCA). The poster must
be visible to any employee performing work covered
by one of these acts. The poster covers:
- Minimum wages
- Fringe benefits
- Overtime pay
- Child labor
- Health and Safety; and
- Enforcement
To get a full list of postings offered to Federal
contractors, please click
here.
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