1. What does the law say about posting labor law notices?
There is no one statute to cover the posting of labor law notices in general. Basically the Federal Department of Labor and State equivalents have their own statutes which require notices to be posted in the workplace. For example, Title 29, Chapter 22, Section 2003 of US Code requires the posting of the Employee Polygraph Protection notice. 29CFR825.300 requires the Federal FMLA and the 29CFR1903.2(a)(1) requires the OSHA posting to be posted.
2. Where should I post my posters?
These notices should be posted at each establishment in a conspicuous place or places where notices to employees are customarily visited. Each employer shall take steps to insure that such notices are not altered, defaced or covered by other material. Examples of "conspicuous places" would be: lunchroom, break room, time clock, back of a door, unisex bathroom or job site. Separate multiple locations or seperate floors require additional posters posted.
The FMLA, EEO, and EPPA posters are also required to be placed where they can be seen by applicants for employment.
3. Am I required to post my posters in English and Spanish?
There is no general statute that requires posters to be posted in Spanish. However, the Federal FMLA posting does state: "Where an employer's workforce is not proficient in English, the employer must provide the notice in the language the employee speaks. The poster must be posted prominently where it can be readily seen by employees and applicants for employment. Most states require that you communicate in a language that is readily understood by all employees. Posters should be in languages appropriate for each significant population.
4. If I post the six mandatory Federal postings is that all I need?
No. All companies must post their State, Federal and OSHA mandatory postings.
5. Do I have to change my posters every year?
Not Necessarily. Employers must change posters when the State, Federal or OSHA agencies make legislative or regulatory changes. Frequency varies by state. Employers are responsible to maintain current posters.
6. Can I post my posters on an 8 1/2 x 11 sheet?
In some cases. Many posters, including Federal, State & OSHA are required, by law, to be a specific size and the type must be a specific font size. Sometimes, even a certain color of poster is required. An example is the 29CFR1903.2(a)(3) requires the Federal OSHA poster to be 8 1/2" x 14", text size no less than 10 pt. and the Heading must be no less than 36 pt. We verify size, font size and colors to ensure that you are in compliance when you buy our posters.
7. Do I have to post posters at my business as well as on my off-site locations?
Yes. The Federal OSHA Standard 29CFR1903.2(b) instructions are as follows: "Where employers are engaged in activities which are physically dispersed, such as agriculture, construction, transportation, communications, electric, gas and sanitary services, the notice or notices required by this section shall be posted at the location to which employees report each day. Where employees do not usually work at, or report to, a single establishment, such as longshoremen, traveling salesmen, technicians, engineers, etc., such notice or notices shall be posted at the location from which the employees operate to carry out their activities. Other posting requirements are normal, such as the "Notice to All Employees Working on Federal or Federally Financed Construction Projects" (Davis-Bacon Act) (29CFR5.5 (a)(1) states the poster must be posted at the site of work, in a prominent and accessible place where it can easily be seen by workers. It is, however, wiser to be on the safe side and be sure your employees are informed of laws and regulations.
8. Am I required to post posters in an area where job applicants can see?
Yes, every employer, employment agency, labor organization, or joint labor-management committee covered under the subchapter shall post notices in an accessible format for applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescribed by section 2000e-10 of Title 42, Chapter 126 - Equal Opportunity Fair Employment.
9. How do I know if my posters are out of date?
You can call the Federal and State agencies responsible for the posters and OSHA to check or save time and purchase your posters from us. We will notify you of any major changes to your State or Federal changes.
10. What is the fine for not posting posters?
Federal and State fines are imposed by various agencies. The fines also vary.
Federal Equal Employment Opportunity is the Law Contract sanctions can be imposed for uncorrected violations.
Federal FMLA $100 per offense
Federal Employee Polygraph Protection Act Secretary of labor can bring court actions and assess civil penalties for failing to post.
Notice to Migrant and Seasonal Agricultural Worker Protection Act A civil money penalty may be assessed.
Federal OSHA Poster A civil penalty of up to $7,000
CAL/OSHA Poster A penalty of up to $1,000 per violation
11. How does posting posters protect my company and benefit the company?
By posting the required Federal/OSHA/State posters you give your employees a constant reinforcement of what is expected of you and of your employees. Keeping your employees in compliance with required regulations saves paying penalty fees, reminds supervisors of their obligations to uphold the law, and protect your workers from injury, discrimination, harassment, and other important State, Federal, and OSHA requirements. Also, in case of a cause of action, not having required posters can be used negatively against your company.
12. Can I cross off the Minimum Wage when it changes and write in the new amount?
Not Likely because when there is new legislation there are usually new text changes to the body of the posting.
13. What kind of fines is my company subject to by OSHA and the DOL?
These are a few of the possible violations and fines you might be subject to.
Willful Violations $5,000 to $70,000 depends on severity of violation
Failure to post OSHA Poster $1,000
DEPARTMENT OF LABOR
Violations of Equal Employment Opportunity is the Law Appropriate contact sanctions may be imposed for uncorrected violations.
Violations Fair Labor Standards (Minimum Wage) Up to $10,000 per violation for violations of Child Labor provisions Up to $1,000 per violation of minimum wage or overtime pay provisions.
Violations of Employee Polygraph Protection Act Secretary of Labor can bring court action to restrain violators and assess civil money penalties up to $10,000 per violation. The violator may also be liable for the employee or prospective employees legal fees and any lost wages and benefits.