Keeping up with employment laws can feel like a never-ending responsibility for business owners. Between changing regulations and complex compliance requirements, even seemingly simple obligations can be easy to overlook. One of these requirements is workplace posters.
Workplace posters may seem like a small administrative detail, but failing to display the right notices can create unnecessary compliance risks for your business, including penalties. It can also leave employees without important information about their workplace rights.
The Department of Labor (DOL) provides free electronic copies of the required federal posters to be downloaded or shared electronically. For convenience, some of the posters are available in languages other than English.
What Federal Posters are Required in the Workplace?
Employers are required to display federal, state, and local workplace posters that inform employees and job applicants of their legal rights and protections, including minimum wage, workplace safety, anti-discrimination, and leave rights.
Poster requirements can vary depending on an employer’s location, size, industry, and workforce so it is important for business owners to understand which notices apply to their workplace. In addition, employers must monitor changes to employment laws and replace outdated posters when requirements change.
The following is a list of some of the most common federal workplace posters that may apply to your business:
Fair Labor Standards Act (FLSA) / Federal Minimum Wage Poster: Employers with employees covered by the FLSA must display this poster in a conspicuous location at each of their business locations.
The FLSA generally covers most private-sector employers with at least $500,000 in annual sales or business, as well as hospitals, schools, government agencies, and certain other organizations. Some employees of smaller businesses may also be individually covered by the FLSA if their work involves interstate commerce.
Occupational Safety and Health Administration (OSHA) Job Safety and Health Poster: Employers covered by the Occupational Safety and Health Act must display the OSHA poster informing employees of their workplace safety and health rights. The poster must be at least 8.5 by 14 inches with 10-point font.
The Occupational Safety and Health Act generally covers most private-sector employers with one or more employees, as well as certain public-sector employers and other organizations. However, some employers and industries are exempt from OSHA coverage or subject to different requirements.
Equal Employment Opportunity (EEO) / “Know Your Rights” Poster: Employers covered by federal anti-discrimination laws must display the EEOC’s “Know Your Rights: Workplace Discrimination is Illegal” poster.
Most private employers with 15 or more employees are covered by the laws enforced by the EEOC, although the threshold is 20 employees for age discrimination under the Age Discrimination in Employment Act.
Family and Medical Leave Act (FMLA) Poster: Employers covered by the FMLA must display the required FMLA notice, even if they do not currently have any employees who are eligible for FMLA leave.
The FMLA generally covers private employers with 50 or more employees that worked 20 or more workweeks in the current or preceding calendar year, as well as public agencies and public and private elementary and secondary schools, regardless of the number of employees.
Employee Polygraph Protection Act (EPPA) Poster: Most private employers must display the EPPA poster informing employees that employers generally cannot require or request lie detector tests, subject to limited exceptions.
Additional posters for certain employers: Additional federal notices may apply to employers with federal contracts, agricultural workers, migrant or seasonal workers, H-2A or H-2B workers, or employees receiving special minimum wages. The DOL also maintains separate posting requirements for certain government contractors and specialized employment situations.
Federal requirements are only part of the equation. Employers may also be required to display state and local workplace posters, and those requirements can differ significantly from federal requirements. Business owners should review all applicable posting requirements for each location where they have employees and replace notices when requirements change.
Where and How to Display Required Workplace Posters
Workplace posters are meant to be read by employees so they understand their rights. As such, employers should make sure notices are easy for employees to find and read while they are at work:
- Choose a visible location. Post notices in a common area where employees regularly pass or gather, such as a break room, lunchroom, employee entrance, or near a main time clock. If employees work at multiple locations, determine whether posters are required at each worksite.
- Keep notices readable. Employers should follow any specific size, placement, or formatting requirements that apply to individual notices, such as those required of OSHA posters.
- Consider remote employees. Employers with remote workers should review posting requirements to determine whether notices must also be provided electronically to employees who do not regularly work in or visit a physical workplace.
Access Strategic HR Support through Seay HR
Seay HR provides a broad range of HR services designed to support your business’s growth and ensure compliance with all state and federal employment regulations. This work helps reduce financial and legal risks in these areas, which allows business owners to focus more of their time and energy on running and growing their businesses.
If you’re a small business owner, our experienced HR consultants can help you identify which workplace posters and notices apply to your business and the best places to display them. We also help our clients keep up with changing requirements to reduce the risk of fines and other consequences associated with non-compliance.
We’re ready to help! Contact us today to learn more about how we can support your business.
Please note: This article is for informational purposes only and does not constitute legal or professional advice. Seay HR makes no representations or warranties, express or implied, regarding the accuracy, completeness, or applicability of the information contained herein.
Seay HR disclaims all liability for any actions taken or not taken based on the information in this article. Readers are solely responsible for their own interpretation and use of this information.
