Labor law compliance is more complicated than many small businesses realize — especially when it comes to workplace posting requirements. While some employers may be unaware of all the federal, state and local rules, others assume that hanging a few posters in the breakroom once a year is enough.
Posting compliance is an ongoing responsibility that requires regular attention and timely updates. To shed light on the topic, here are eight common mistakes that can put small businesses at risk:
Mistake #1: Thinking updates only occur annually
Many employers mistakenly treat labor law poster updates as an annual task, often tied to January minimum wage increases. Yet modified postings can occur at any time — driven by new legislation, regulatory changes or agency revisions. These changes don’t follow a predictable schedule, so posters must be monitored and replaced throughout the year to ensure compliance.
Mistake #2: Underestimating the impact of noncompliance
Another common misconception is that fines for outdated posters are minimal. In reality, they can be substantial — and can add up fast if there are multiple violations. At the federal level, posting fines can exceed $43,000 per location. State and local fines typically range from $100 to $1,000 per violation, depending on the agency and specific posting law. Employers may also face increased liability in employment lawsuits if the proper notices aren’t displayed.
Mistake #3: Ignoring the possibility of getting caught
While it’s true government agents typically don’t go door to door checking posters, you run the risk of a review should an agency visit for other reasons. It could be a Form I-9 audit, an OSHA inspection, an EEOC onsite investigation or even a Department of Labor (DOL) follow-up to an employee complaint. Even if the visit isn’t related to labor law posters, agencies may check posting compliance while onsite..
Mistake #4: Assuming there’s a one-stop shop for free government posters
Federal, state and local agencies often don’t work together, so there’s no central place or website for all the necessary posters you must post. About 175 agencies across the U.S. are responsible for issuing more than 500 posters. To manage posting compliance for just one business location, you would have to contact up to nine agencies for federal and state posters. On top of that, around 22,000 local jurisdictions are authorized to issue their own postings. Not all these postings are mandatory, but many are — which represents a growing responsibility for small businesses.
Mistake #5: Neglecting to inform remote employees
With remote work now the norm for many businesses, it’s important to consider how you’ll share labor law postings with them. By law, you’re required to provide mandatory labor law notices to employees whether they work on site or remotely. While the format isn’t specified, electronic delivery is now a widely accepted solution.
Missing just one required labor law poster — or displaying an outdated version — can lead to costly fines and legal risks for your business.
Mistake #6: Ignoring local requirements
Many cities and counties have their own labor law posting mandates, which are often overlooked. These local postings can address issues like paid sick leave, fair scheduling or local minimum wage laws. Failing to post these notices can result in noncompliance, even if your business meets all other obligations. Always check with your local jurisdiction to identify any additional posting responsibilities.
Mistake #7: Posting in the wrong language
Posters must be accessible to all employees, which means they must be provided in a language that your employees understand. If you have a multilingual workforce or employees who don’t speak English proficiently, you must provide certain labor law posters in the appropriate translated versions. In states such as California, Colorado, Illinois, Maine, Massachusetts, Nebraska and New Jersey, certain labor law posters must be displayed in both English and Spanish if more than 5% of employees speak English as a second language. Failing to meet these requirements can make postings invalid — and expose your business to penalties.
Mistake #8: Not replacing damaged or defaced posters
When labor law posters are damaged or defaced, they no longer deliver essential legal information. That’s why regular inspections are important for identifying wear, damage or vandalism. Promptly replacing compromised posters helps maintain compliance — and demonstrates your company’s commitment to clear communication.
Dedicated Service Keeps Your Workplace Postings Up to Date
No matter the size of your business, it’s vital to keep up with federal, state and local posting requirements. Poster Guard® Poster Compliance Service provides 365 days of posting coverage that includes automatic poster replacements when mandatory changes occur. The result is complete and guaranteed coverage, no matter how many legislative changes occur in a year.
For added support, the Employment Law Alert Service keeps you informed of new laws that may affect your posting requirements, including actionable suggestions for compliance.
