All U.S. businesses with one or more paid employees are legally required to display labor law postings in areas where all workers can easily view them. But did you know that some labor law notices must be accessible to job applicants as well? Here are answers to common questions about applicant labor law posters.
Q: Are labor law posters mandatory for job applicants?
A: Yes, certain labor law postings must be accessible to applicants under federal, state and local laws.
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): This posting covers anti-discrimination provisions and explains which groups are legally protected.
- Family and Medical Leave Act (FMLA): This posting 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): This posting 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 re-employment rights after military leave, along with anti-discrimination and health insurance protections.
Q: Are state and local postings required for job applicants?
A: In many cases, yes. More and more laws are being passed by state and local governments requiring businesses to display postings to job applicants. As of January 1, 2020, these states require applicant labor law posters:
- NEW JERSEY
- NEW MEXICO
- NEW YORK
- NORTH CAROLINA
- RHODE ISLAND
- SOUTH CAROLINA
Cities that currently require job applicant postings include:
- FLAGSTAFF, AZ
- TUCSON, AZ
- SAN FRANCISCO, CA
- LOS ANGELES, 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 that businesses include a link or button near the online job application that states: “Applicants have rights under Federal Employment Laws.” The link should enable access to the required posters in a digital format.
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.