It is hard to believe that we are in the last quarter of 2020. Doesn’t it feel like this year will ever end? As we move towards November and December, we are gearing up for possible updates and changes to the different labor law posters. Now is the time that states begin to release new and/or revised required labor laws postings for the new year. While we are unsure what changes to expect, we do know 2020 brought about several changes in the Labor Law industry and required postings.
One major posting that comes to mind is the Families First Coronavirus Response Act or FFCRA. It took effect on April 1, 2020 and runs through December 31, 2020. On September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division announced revisions to the regulations. While these regulations are set to expire at the end of the year, we anticipate a continuation of some form of the regulations to be extended to run through 2021. With the presidential election looming, along with various Senate and House seats up for grabs, it is anybody’s guess on what will eventually happen. Just know we are monitoring all the states to ensure we have the most recent and up-to-date required postings on our labor law posters.
What are Labor Law Notices? Do they affect my business (Yes, they do!)
Labor laws give structure to the workplace and defines the responsibility of the employer and employee. They are designed to protect the safety and health of workers in America. These postings are mandated notices that employers with at least one employee or more are required to conspicuously post in an area frequented by all employees. Some notices provide information for employees on who to contact for questions concerning discrimination, harassment, or workplace safety complaints. Not all employers are covered by each of the federal or state statutes and thus may not be required to post a specific notice. Every posting varies according to the statute and may not be required to be posted by every business.
The US Department of Labor (DOL) administers a variety of Federal labor laws such as:
- Fair Labor Standards Act (Federal Minimum Wage)
- Equal Employment Opportunity
- Job Safety and Health
- Your Rights Under USERRA
State Legislations and state agencies also pass certain laws or regulations, that require a posting to be placed in the workplace.
These postings vary from state to state. No two states are the same. Some topics covered by state labor laws include:
- Child Labor Laws
- Unemployment Laws
- Workers’ Compensation Notice
- State OSHA postings
- Sexual Harassment
- Minimum Wage
Federal or State Labor Law Posters. Am I Required to Post Both? (Yes, you are!)
A federal law applies to all 50 states and state laws apply only to that state. When federal and state standards are different, the rules that provide the most protection will apply. A state law can give more rights than the federal law and, in that case, the state law generally prevails. For example, the Federal Minimum wage is $7.25 an hour. Many states have approved legislation that sets the state’s minimum wage higher. Employers must comply with both federal law and applicable state laws. Every state and federal agency has its own requirements as to who is required to post their notice, what information must be posted, where it is to be posted and, in some cases, even require a certain size posting.
What Are The Possible Penalties for Not Having Proper Labor Law Postings? (Be Informed, Be Prepared!)
Although there are no standard procedures for businesses to be inspected as to whether they have the right postings or not, there are penalties and/or citations that can be assessed by the different agencies, when a business is found negligent in this area. If an employer were fined by each individual agency, the fines could total over $32,000 per location.
By posting the required postings, you let your managers and workers know that you as an employer will protect your employees from discrimination, harassment, and injury.
If you have any questions about labor law posters, safety training programs, or any other related issues, please don’t hesitate to reach out. You can contact us by commenting below, using the chat function on our site, e-mailing us at firstname.lastname@example.org or call us at 877-922-7233.
National Safety Compliance is committed to keeping you up to date on the most recent federal and state changes and posting requirements for your business. The information contained in this blog cannot be considered as legal advice. It is provided for general information only. Contact the U.S. Department of Labor (DOL) or your state’s Labor Department or agency for legal advice.