CONCERN OVER POTENTIAL POSTING FINES
While fines do occur, they are actually rare. Fines are typically issued only after at least one warning and usually start off small. While it is true that certain postings do include significant maximum fines within their text, maximum penalties are imposed on rare occasions. The more appropriate motivation to post is to minimize liabilities in employee disputes or injuries. Imagine if a lawsuit arises due to claims of discrimination or injury and the attorney finds that the employer did not even have the required posters on the wall. This lack of the required postings can be used to show a lack of concern over any area covered by the mandatory state and federal postings. If you consider the dollars in play due to fines versus employee disputes, the fines pale in comparison.
POSTING TOO MANY POSTERS
Many times, employers post too many posters. It may feel safe to post any poster that is available; but some posters do not apply to all businesses and can actually obligate your company to more than is required. For example, not all businesses are required to post the NLRA Poster (National Labor Relations Act). While this posting is only required for businesses that are working under federal contracts, many businesses not under federal contracts are posting the NLRA. The posting states that employees may collaborate when negotiating wages or can organize unions. If not required, this information misinforms employees at best and could impose onerous obligations on the employer at worst. Unfortunately, over posting often results from the aggressive sales tactics of a few unethical poster companies. The reputation of your poster vendor should be a top priority when making labor law poster decisions.
NOT INCLUDING APPROPRIATE POSTINGS
On the other hand, if the employer is a federal contractor, there are many additional labor postings that must be displayed. Posters such as the NLRA, Davis Bacon and Service Contract Act Notices, to name a few, are required in addition to the generally required labor law posters. Also, increasingly, city and county posters are commonly required. These posters setting out local ordinances are important to post; and in some cases, local postings are scrutinized more than the federal or state labor posters.
CHOOSING VENDORS WITH HIGH PRESSURE RATHER THAN HIGH REPUTATION
The best in class labor poster companies will usually be seen at major conventions such as SHRM. The vendors to avoid would rather not see their potential or past customers in person. They usually send out letters that resemble federal government mailouts and use many scare tactics. Many times, these companies are very difficult to get on the phone. We would suggest checking a vendor's Better Business Bureau Rating. In the labor law poster industry, most vendors are either A or F rated. The super cheap deal may result in insufficient postings, persistent sales calls, and inconsistent information and service.
NEGLECTING TO UPDATE POSTERS
Many companies purchase posters and just keep the same posters on the wall for several years. Most reputable labor poster companies have tools that make managing the posters easy. Some companies offer replacement plan services for a subscription period. They will automatically replace your posters in the event of a mandatory change. Other companies offer QR or Barcodes that can be scanned with your phone to instantly check your poster for compliance. Others offer charts on their websites displaying changes by state and still others send out email notifications each time there is a mandatory posting change. Some labor poster vendors offer all of these ways to verify your posters compliance.