If you enter a typical business break room, you are most likely to see a board that displays a variety of posters. Many business owners don’t understand that these posters were not all legally required and some have been made to be an employment necessity, whereas some are only recommended to be displayed.
Identifying which types of posters need to be displayed, those which do not, as excess unnecessary poster displays create confusion for employees as well as possible unintentional compliance failures.
What Are Mandatory Labor Law Posters?
Mandatory posters are legally required by federal law. Virtually every business that has employees must display these Labor Law Posters. Here are the federal ones you’re probably required to display right now:
- Fair Labor Standards Act (FLSA) Poster: This poster covers federal minimum wage, overtime pay rules, and child labor laws. Almost every business with employees must display this one. It’s probably the most important federal poster.
- Occupational Safety and Health Administration (OSHA) Poster: This poster informs employees about their right to a safe workplace and their ability to report unsafe conditions without retaliation. If you have employees, this is mandatory.
- Equal Employment Opportunity (EEO) Poster: The “Know Your Rights: Workplace Discrimination is Illegal” poster explains that discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information is illegal. This is required by federal law for most employers.
- Family and Medical Leave Act (FMLA) Poster: If your business has 50 or more employees within 75 miles, this poster is mandatory. It explains employee rights to take unpaid, job-protected leave for qualifying family and medical reasons.
- Employee Polygraph Protection Act (EPPA) Poster: This poster explains that most private employers cannot use lie detector tests for employment screening or during employment. It’s mandatory to display.
- Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster: This explains employee rights related to military service and reemployment. It’s required for most employers.
Beyond these federal requirements, you’ll also need state and local posters specific to where your business operates. Every state has its own mandatory postings, and some cities and counties add their own requirements too.
What About Recommended Posters?
Recommended posters are not legally mandatory, but are highly recommended best practices for all employers. Companies may want to use these types of posters to post information specific to their industry, as well as any safety reminders, and also information about company benefits.
Having too many recommended posters posted at your company can be a hindrance to employees who are trying to locate information that is legally required to be posted. It can also create an inadvertent obligation on behalf of the employer.
As an example, there are some companies that post union-related posters, even though they do not employ any union employees. By posting those types of posters, they are inadvertently informing their employees of certain rights related to organizing and unionizing that they may not otherwise have known about, which may not be the intention of the employer.
Federal Contractors Have Different Rules
Federal contractors are required to provide additional postings above and beyond those required of all employers. In addition to posting employee rights as set forth by the National Labor Relations Act, federal contractors are also required to provide wage/hours as they relate to government contracts. In addition to the general requirements for federal employers, federal contractors must post the required federal Contract Labor Posters. If you are a federal contractor and are only posting the required federal contract provisions, you are not in compliance with federal law.
How to Know Exactly What You Need
The safest approach is to use the Department of Labor’s free Poster Advisor tool. It asks you questions about your business and generates a list of mandatory federal posters you need. Then, check with your state labor department for state-specific requirements.
Many reputable poster companies can also review your business and tell you exactly what you need. The best ones even provide charts showing what each state requires, so you can see at a glance whether you’re covered.
The Real Cost of Getting It Wrong
Mandatory posters exist to inform employees of their rights. If you’re not displaying them, and an employment dispute arises later, the fact that you didn’t post the required notices can be used against you in litigation. Courts see missing mandatory posters as evidence that you didn’t care about compliance in that area.
On the flip side, posting too many unnecessary posters might create obligations you don’t actually have under the law. This is why it’s worth taking the time to figure out exactly what applies to your business.
Conclusion
There are many differences between mandatory and recommended postings. Mandatory postings provide protection for both your employees and your company by informing employees about their legal protections and rights as workers. Recommended postings are, however, not mandatory.
Determine what is required of your business in accordance with the law and display those postings correctly. Make sure you continually update them as necessary. This is how you create a compliant workplace while also demonstrating to your employees that you value their rights.
