Certain postings must be displayed where applicants can view them. At the federal level, these include EEOC, FMLA, USERRA and EPPA postings, plus the E-Verify/Right to Work posting where applicable. Many states, counties and cities also have applicant posting requirements. For applicants that come into your facility for pre-employment interviews, testing or other hiring procedures, you should display physical postings. For online applicants, you can provide electronic access via links to poster images.
While it’s not likely that government agents will knock on your door to check postings, they may visit for other reasons. At the federal level, most posting fines are assessed when agencies conduct an I-9 audit, an OSHA inspection, an EEOC investigation or even a DOL follow-up to an employee complaint. While on the premises for these reasons, agents will check posting compliance and issue fines if your postings are incomplete or outdated. On the state and local level, employers may be subjected to random government audits resulting in posting fines.
The bigger risk of non-compliance is related to employee lawsuits. In these cases, posting violations can result in higher damage awards against you, or cause you to forfeit important legal defenses. Missing or outdated postings can also extend the statute of limitations for employment lawsuits.
The answer depends on a lot of factors, including the state and local laws where your business is headquartered and where the employee lives, the structure of your business, tax issues, the legal relationship with the specific employee, company policies and applicable agreements. The safest practice is to provide posters from both states but at minimum you should provide posters from the state where the employee lives and works.
No. Employee 'handouts' are completely different, and typically refer to legal notices employers must personally distribute to employees at various points in the employment relationship, such as: upon hire, on employee anniversaries, when there are pay status changes, when an employee becomes pregnant, when an employee becomes injured or requests a leave of absence, and upon termination.
Each state and locality has different requirements. For the most part, these ‘handout’ requirements are separate and apart from workplace posting requirements. There are a few overlapping notices, but as a general rule the handout notices are separate and must be distributed in addition to the workplace posters. Each handout requirement is unique when it comes to the distribution method, but in most cases electronic delivery is acceptable.
Posters must satisfy minimum size and font requirements, along with strict color and/or layout specifications. Cutting corners by shrinking posters or not printing in color can put your company at risk for non-compliance.
Certain industries, such as healthcare facilities, restaurants and public sector employers, have additional labor law posting requirements under federal and state laws. They are a commonly overlooked area of compliance, but they must be addressed to ensure your business is fully protected.