Labor law posting fines have increased again and can add up to as much as $34,000 per violation. Most businesses will agree that with labor laws continually changing, monitoring and maintaining posting compliance is a challenging task.
The Trick Question
A recent ComplyRight study asked small businesses if they found written notifications from government agencies on labor law changes to be useful. A whopping 82% said they did. But it was a trick question; government agencies do not provide notifications of labor law poster changes. In fact, these changes are often buried in legal documents that take considerable time to find and review.
So the responsibility of tracking labor law changes and staying compliant with posting requirements falls on you — the employer. And, it becomes more daunting if your business operates in multiple locations.
Fortunately, you don’t have to take on this burden by yourself. Labor law posting notification services, such as Poster Guard Posting Compliance Alerts, exist to help employers keep track of changes on an ongoing basis helping to eliminate the hassle and ensure full compliance.
A Posting Overview
On average, there are 75 mandatory federal and state posting changes a year. And, all employers must display certain federal and state employee-facing postings. Plus, many cities and counties have mandatory postings.
U.S. employers are required to display six federal postings:
- Equal Employment Opportunity Commission (EEOC)
- Occupational Safety and Health Administration (OSHA)
- Family and Medical Leave Act (FMLA)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Fair Labor Standards Act (FLSA)
- Employee Polygraph Protection Act (EPPA)
State postings can add up to 15 additional posters, totaling 21 federal and state postings per location. And that doesn’t include local and industry-specific postings.
Risks of Noncompliance
Not only is posting noncompliance costly, but it can also be risky. Employers have an obligation to comply with labor law postings because they inform employees of their legal rights and responsibilities. If an employee files a lawsuit regarding his or her workplace rights being violated, not having compliant labor law postings could be costly.
For example, a business failing to post required FMLA notices interferes with an employee’s FMLA rights and eliminates your “good faith” defense or evidence of acting fairly toward employees. A judge could rule that a business didn’t fulfill its legal obligations to display labor law postings, known as “bad faith.” Noncompliance could extend the time plaintiffs have to file lawsuits, called equitable tolling, and lead to a longer recovery for back wages.
Guarantee Compliance for Your Business
As you can see, staying on top of posting laws is a complex and risky process. Signing up to receive the monthly email notification of mandatory government labor law changes from the Poster Guard Posting Compliance Alerts subscription is an important step towards staying in compliance. Poster Guard is backed by an in-house legal team that monitors labor law posting regulations issued by more than 22,000 federal, state and local agencies. To receive your monthly Poster Guard Notification, simply provide your email in the box below, and you will be added to the next month’s email notification.
In addition, Poster Guard® Compliance Protection annual subscription service offers 365 days of labor law posting compliance and provides free, automatic replacements when a mandatory change occurs.