Labor Law Posters 101

Must employment postings be posted where applicants can see them or just where employees can see them?

Some federal postings must be posted where applicants can view them as well as employees. The FMLA, EPPA and EEO notices are examples of postings which must be displayed where applicants can view them. Also, if an employer participates in E-Verify, the employer must post E-Verify postings where applicants can see them. Finally, a few state posters are required to be posted where applicants can view them.
May we display the labor postings on our companies’ intranet?

Labor postings are released by different federal and state agencies and those agencies have typically required that the posting be posted in a common area for employees. The requirements vary by notice but they generally use language like, "must be posted" or "conspicuously." However, this may not always be practical. For example, when an employer has mobile employees, employees who work from home, or employees who work from a kiosk, the employer should make a "good faith effort" to make that information available to employees. We would recommend the use of internet-based or booklet postings. Many labor posting companies offer this service and the online postings are always up-to-date.
Our company has multiple buildings in one complex. Can we display the posters in just 1 building?

The answer to this question depends on your setup. At the end of the day, postings must be displayed in a common area where employees will have access to the posters. An employer may have one common entrance and that may be considered a common area for posting purposes, provided all employees enter through such area. In contrast, sometimes different floors or departments within the same floor may require separate postings, as employees may not have access to or knowledge of separate areas or departments. The best practice is to review the employer’s layout from an employee's perspective and make sure that all employees will know the location of and have access to the postings.

Oct 4th 2019 Donny Butts - Compliance Specialist