Your labor law posting obligations start before a new hire's first day. Certain federal, state and local postings must be accessible to job applicants, whether they apply in person or online. Here are answers to common questions about applicant labor law posters.
Q: Are labor law posters mandatory for job applicants?
A: Yes. Federal law requires employers to make certain labor law postings accessible to job applicants, and many states and cities have their own applicant posting requirements.
Q: Which federal labor law posters must be visible to job candidates?
A: Of the six federally mandated labor law posters employers are required to display, three must be visible to job applicants:
- Equal Employment Opportunity Commission (EEOC) ‘Know Your Rights' Poster: Covers anti-discrimination provisions and explains which groups are legally protected. It is required for employers with 15 or more employees.
- Family and Medical Leave Act (FMLA) Poster: Explains employee leave eligibility and benefits, and also outlines employer responsibilities. It is generally required for businesses with 50 or more employees.
- Employee Polygraph Protection Act (EPPA) Poster: Describes the rules around using lie detector tests for employment purposes. It is required even if you don’t use these tests.
Employment law experts recommend that employers also display the Uniformed Services Employment and Reemployment Rights Act (USERRA) posting for job applicants because the law applies to them. The posting addresses reemployment rights after military leave, along with anti-discrimination and health insurance protections.
Q: Are state and local postings required for job applicants?
A: A growing number of states and cities require employers to make certain postings available to job applicants. States with applicant posting requirements include:
- Alabama
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Kansas
- Kentucky
- Louisiana
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- Tennessee
- Utah
- Virginia
- Washington
- Wisconsin
Cities with applicant posting requirements include:
- Flagstaff, AZ
- Tucson, AZ
- Los Angeles, CA
- San Francisco, CA
- Miami Beach, FL
- Philadelphia, PA
Q: How do these laws affect job applicants who apply online?
A: Employers are required to make the applicant postings available to all job applicants, including those who apply online. The U.S. Department of Labor (DOL) recommends adding a prominent notice to the page where your job openings are listed. It should state, "Applicants have rights under Federal Employment Laws," and link to the required posters. Employers covered by state or local applicant posting laws should link to those postings as well.
Q: Where should applicant postings be displayed?
A: Display them anywhere applicants spend time at your facility, such as a lobby, waiting area, HR office or interview room. If applicants never enter the area where your employee posters hang, you will need a separate display where they can see them.
Q: Do applicant postings need to be in languages other than English?
A: In some cases, yes. Certain federal and state rules require postings in another language when a significant share of workers or applicants is not literate in English. Requirements vary by posting and location, so check each one that applies to your business.
Q: What happens if I don't display required applicant postings?
A: Employers can face fines for each posting violation. In addition, failing to post required notices may extend the time an applicant has to file a discrimination or other employment claim, since they may not have known their rights.
Q: What is the easiest way to meet applicant labor law poster requirements?
A: For your physical facilities, our Applicant Area Federal Poster Service provides all the required federal applicant postings and includes 12 months of automatic poster replacements whenever a requirement changes. For online applicants, our exclusive Online Applicant Poster Service covers all federal, state, county and city posting requirements for job applicants. Electronic posters are viewable via a web link you can add to your website, online applicant system or external job listings. Our in-house legal team keeps the postings up to date at all times.
