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Sep

14

2020

Are Labor Law Posters Required? Answers to Your Questions About Possible Exemptions

You recognize the need for labor law posters to inform employees of their rights and responsibilities under federal, state and local laws. But you may wonder if YOUR business needs to uphold these requirements. For various reasons, you may assume you’re exempt from the posting obligations affecting most U.S. employers. Let’s explore the key question, “Are labor law posters required?” a little deeper:

Q: I run a small business where all of my employees are family members. Are labor law posters necessary?

A: Yes, and the reason is simple: You have employees. Any business with at least one employee on the payroll must display applicable postings, regardless of whether or not these workers are relatives.

Q: My business is located on an Indian reservation. Do I still need to display postings?

A: Although there have been several cases over the years addressing whether federal laws, such as the Fair Labor Standards Act (FLSA), apply to a Native American tribe’s business, the interpretation is typically that businesses remain liable. As such, these businesses would also be responsible for displaying the postings associated with federal laws. Keep in mind, too, that a lawsuit can be brought by the Department of Labor (DOL), in which case the agency is not barred by sovereign immunity.

Q: All my employees work remotely, so I’m assuming I don’t need to provide postings, right?

A: This is a common misconception. However, just because your employees work remotely doesn’t excuse you from communicating their labor law rights. By law, you must share mandatory federal, state and local notices with all employees, including those who work off-site. Per DOL guidance, you can provide electronic postings for all employees who don’t visit a physical location at least three to four times per month.

Be aware: If you have any employees still reporting to the worksite, you must display the current postings there — even if you’ve given remote employees access to electronic postings.

Q: My business only works with freelancers and independent contractors, so can I forego postings?

A: While the answer here is yes — since your workers are independent contractors (ICs) and not employees — you should exercise caution. Be certain that these workers are properly classified as ICs, and that these workers aren’t actually employees according to DOL standards. If there’s any question, you should reclassify the worker as an employee, and follow all the rules that apply, including displaying workplace postings.

Q: My employees (in this case, IT consulting individuals) work at a client’s worksite. Do I need to concern myself with postings?

A: Yes, you do. Under the “joint employer liability” theory, you and the client could both be held responsible for employment law violations. If you have control over the physical workplace, it’s best to display the mandatory posters. Otherwise, you should consider using binders and/or electronic solutions.

Q: My employees only work on commission. Does this excuse me from the typical workplace postings?

A: No, it doesn’t. As long as your business employs at least one employee, regardless of their means of compensation, you must display workplace postings.

Q: I operate in a right-to-work state, so I’m assuming I don’t need to put up postings, correct?

A: This is a wrong assumption. Right-to-work laws, which currently exist in 27 states, have no bearing on your obligation to display labor law postings.

Q: If I run a non-profit business, do I need to display workplace postings?

A: Again, your non-profit status doesn’t exempt you from labor law posting compliance. If you have at least one employee on payroll, you must uphold the requirements.

Expert Solutions for Complete Posting Compliance

The big takeaway with posting compliance is this: If you’re a U.S. employer with at least one employee, you’re required to display all applicable workplace postings. Only if you’re a sole proprietorship or LLC — and don’t employ anyone — are you exempt.

With the dedicated service of Poster Guard® Compliance Protection, you’re ensured 365 days of guaranteed, hassle-free labor law posting compliance. You’ll receive an up-to-date federal, state, county and city poster set, along with automatic poster replacements every time a mandatory change occurs.

For remote worker compliance, you can also take advantage of Poster Guard® E-Service for Remote Workers, which provides easy online access to mandatory federal, state, county and city postings via email. Employees will also receive automatic email updates whenever a mandatory change occurs.

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