How much thought do you give to your labor law posters? Perhaps not much.
When December rolled around you probably received a reorder notice for your labor law poster. You promptly ordered the 2019 version; posted it when it arrived; and moved on.
I’d recommend that you spot and think about it again. Should you be saving those old posters to prove that you did in fact post and display them as the laws indicate?
Yes, and in digital form. I’d even recommend that you take a time and date stamped photo with the physical location of your posted and displayed posters shown in the photo to create evidence that you are indeed in compliance. (A recent SHRM article made this suggestion.)
What’s the cost if you get it wrong?
It is a costly mistake if you fail to display the required posters. Below are listed a few of the hefty penalties for failing to display three federally mandated posters:
- $100 for failing to display the Family and Medical Leave Act poster (FMLA).
- $534 for failing to display the Equal Employment Opportunity poster (EEO).
- $12,675 for failing to display the Occupational Safety and Health Administration poster (OSHA).
- Consider state penalties for failing to post required posters. For example, in California there is a $100 per violation as well as a $7,000 for failure to post information on Cal/OSHA.
Here are some practical tips for keeping in compliance with your state and federally mandated postings:
- Know what is required posting, beyond the federal requirements, in your county and state and physically display your posters.
- Make sure you post the current year, not the previous or other years.
- Make sure your job applicants can see the posters containing information on the Equal Employment Opportunity, Family and Medical Leave Act and Employee Polygraph Protection Act and any state requirements for job applicants, this includes internet applicants (consider a statement on your job posting website such as, “Applicants have rights under Federal Employment Laws” and provide links to the three mentioned.)
- If you have multiple job sites, ensure all sites have the mandated posters in locations that employees frequent.
- Consider adding all required postings to your organization’s intranet.
- If your organization has employees who speak and read only Spanish, your state may require certain posters be displayed in Spanish as well as English.
- Ensure your posters are displayed in areas that are frequented and can be readily seen by ALL employees.
- Take a photo each year with the time and date stamp enabled of your posted notices. File appropriately.
If you have questions or concerns regarding posting requirements in your state or what is required federally, or any other HR related question, please don’t hesitate to contact us at at firstname.lastname@example.org. HR Services is a free benefit for members of 501(c) Agencies Trust.