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Oct

27

2020

Do You Know When to Replace Labor Law Posters? (HINT: It’s More Than Once a Year!)

New laws being passed … existing laws being amended or repealed … adjustments to employee working arrangements. Conscientious employers should expect changes, lots of changes, to labor law posting requirements in any given year. And all of these factors play a role in when to replace labor law posters.

Don’t make the all-too-common mistake of thinking posting compliance is an annual event. To stay current and compliant, you need to be aware of changes as they occur week to week, month to month — and act on these changes promptly.

Posting Changes Picking Up Steam Across the U.S.

If your business is in a state where the minimum wage rate increases once a year — typically January — you may review your posting situation then. However, if you ONLY focus on your minimum wage posting at this time, you could fall out of compliance with other posting changes the remainder of the year.
State posting compliance is becoming increasingly complex — and it has turned up the frequency of changes employers now face. On average, there are approximately 150 state posting changes a year, with at least half of these requiring an immediate poster update or replacement.

Government agencies do not notify businesses of new or updated posting requirements. You’re responsible for tracking mandatory changes and displaying the absolute latest postings.

Depending on the state in which you conduct business, you could be responsible for up to 23 state-issued postings, covering topics such as:

  • Minimum wage rates
  • Fair employment
  • Unemployment insurance
  • Workers’ compensation
  • Paid sick leave
  • Family care rights
  • Smoking in the workplace
  • COVID-related issues

These state labor law postings aren’t optional. You’re required to post them, in addition to federal postings, even if they address the same topic or cover conflicting information.

But it doesn’t end there. Cities have the discretion to pass laws more generous than state or federal regulations, which sets off another sweep of posting-related changes throughout the year. These local postings cover a variety of employment laws, such as minimum wage rates, paid sick leave and prohibitions against discrimination. And like with potentially conflicting state and federal postings, you must post city/county postings even if they differ from state and federal postings.

Remote Worker Postings During These Unique Times

In addition to keeping current with the latest state and local changes that can occur anytime during the year, you may have a new obligation to manage. If you’re among the many employers allowing remote work during the COVID-19 crisis, you must ensure these workers receive the same posting information as onsite employees. Per DOL guidance, electronic postings are an acceptable option for any remote employees who don’t visit a physical work location at least three to four times a month. Electronic delivery, whether via email distribution or intranet links, is an ideal solution for providing uninterrupted posting compliance during the pandemic. Now, more than ever, you want to be certain all employees have access to the latest postings, many of which cover newly enacted paid sick leave laws addressing COVID-19.

Stay Ahead of Changes with Poster Guard® Compliance Protection

In the world of posting compliance, change is inevitable. Luckily, you don’t have to juggle it on your own. With Poster Guard® Compliance Protection, you can be certain you’re up to date with all required federal, state and local labor law postings — no matter how many times they change in a year. Backed by an expert legal team, Poster Guard Compliance Protection provides 365 days of hassle-free labor law posting compliance — 100% guaranteed.

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