Employee Poster Requirements for Your Small Business

The U.S. Department of Labor (DOL) requires that certain notices, by way of poster, be provided to employees in the workplace.

(Note: posting requirements vary from one statute to the next. Not every company is covered by every statute, meaning that your business may not be required to display a specific poster.)

The Many Types of Workplace Posters

There are many types of workplace posters, all of which have a special purpose. Some of the most commonly required posters include the following:

• Employee Rights Under the Fair Labor Standards Act Poster (FLSA / Minimum Wage)
  • The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards for employees who work in the private sector along with Federal, State, and local governments.
• Job Safety and Health: It's the Law Poster (Occupational Safety and Health Act/OSHA)
  • Informs workers of their rights under the Occupational Safety and Health Act.  
• Employee Rights and Responsibilities Under The Family and Medical Leave Act" (FMLA)
  • Informs workers about the rights they have under the Family and Medical Leave Act. Under this act, eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for reasons such as childbirth, adoption, or a sick family member.
• Equal Employment Opportunity is the Law Poster (EEO)
  • Informs workers about the Federal laws in place that prohibit job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability or genetic information.  
• Pay Transparency Nondiscrimination Provision (41 CFR Part 60-1.35)
  • Informs workers that they are not allowed to be terminated for inquiring about compensation.  
• Migrant and Seasonal Agricultural Worker Protection Act Notice (MSPA)
  • Informs workers about the employment standards related to wages, housing, transportation, disclosures and recordkeeping. The MSPA also requires farms to register with the U.S. Department of Labor (DOL).
• Employee Rights for Workers with Disabilities Paid at Special Minimum Wages" Poster (FLSA Section 14(c))
  • Informs workers of the rights they are entitled to in the workplace if they have a disability.
• Employee Polygraph Protection Act Notice (EPPA)
  • Informs employees that most private employers are prohibited from using lie detector tests either for pre-employment screening or during the course of employment.  
• Your Rights Under USERRA Notice/Poster
  • Informs workers of their rights to leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. This posters also notifies employees that employers are prohibited from discriminating against past and present members of the uniformed services and applicants to the uniformed services.
• Employee Rights Under the H-2A Program
  • Informs workers that employment of temporary, non-immigrant workers in agriculture (H-2A Workers), are allowed only if the employment of U.S. workers would not be adversely impacted.

The "Job Safety and Health: It's the Law Poster" is the most well known, with the DOL sharing the following in regards to posting requirements:

"Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers."

Although you may not be required to display all of these posters, you must review the requirements associated with each one to ensure that you're in compliance.

Is Your Business Compliant?

The DOL offers a tool to help small businesses understand if they are in compliance with poster regulations.

The elaws Poster Advisor helps employers determine which posters they are required to display at their place of business.

This helpful tool is also very user friendly. All you have to do is follow the prompts on the screen which will ask questions such as:

• Do you already know which of the posters / Federal laws administered by the Department of Labor apply to your organization?
• What best describes the nature of your business or organization?

Once you know which posters you are required to display, you can then download and print directly from the Advisor website.

If you are using a payroll service, you should see if they offer compliance posters and protection as part of your service—for example, SurePayroll provides clients with the ability to generate their specific labor law compliance poster package.

Bottom Line

It may take some time to understand the employee poster requirements for your company, but it's something you will want to do before you hire your first employee and open your doors to the public. By remaining in compliance with the statutes and regulations set forth by the DOL, you won't have to worry about the potential for a citation or penalty in the future.

To learn more about SurePayroll's labor law poster compliance service and the protections we offer small businesses, contact a specialist today: 1-800-900-0781.

This website contains articles posted for informational and educational value. SurePayroll is not responsible for information contained within any of these materials. Any opinions expressed within materials are not necessarily the opinion of, or supported by, SurePayroll. The information in these materials should not be considered legal or accounting advice, and it should not substitute for legal, accounting, and other professional advice where the facts and circumstances warrant. If you require legal or accounting advice or need other professional assistance, you should always consult your licensed attorney, accountant or other tax professional to discuss your particular facts, circumstances and business needs.