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New Year, New...Posters?

On December 31, people all across the world will ring in the new year. Resolutions will be made. Reflections of the past year will occur. But how many employers complete a yearly compliance review? Does your employer check the salaries of all employees to make sure they are compliant with minimum wage and exemption thresholds? What about those giant labor law posters hanging in the break room? Are the posters up to date and filled out correctly?


All employers are required to display labor law posters in a conspicuous place in the workplace. Depending on the size and type of employer, the following federal posters must be displayed:

  • "Employee Rights Under the FLSA" Poster (FLSA/Minimum Wage) - Who Must Post: All private, federal, state, and local government employers employing any employee subject to the Fair Labor Standards Act

  • "Job Safety and Health: It's the Law" Poster (OSHA) - Who Must Post: Private employers engaged in business affecting commerce. Does not apply to federal, state, or political subdivision of states

  • "Employee Rights and Responsibilities Under the Family and Medical Leave Act" (FMLA) - Who Must Post: Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers

  • "Equal Employment Opportunity is the Law" (EEO) - Who Must Post: Employers with 15 or more employees; Entities holding federal contracts or subcontracts or federally assisted construction contracts of more than $10,000; financial institutions which are issuing and paying agents for US savings bonds and saving notes; depositories of federal funds or entities having government of lading

  • Migrant and Seasonal Agricultural Worker Protection Act Notice - Who Must Post: Agricultural employers, agricultural associations and farm labor contracts subject to the MSPA and who employs any migrant or seasonal agricultural workers

  • "Employees Rights for Workers with Disability Paid at Special Minimum Wage" Poster (FLSA Section 14(c)) - Who Must Post: Every employer who has workers employed under the special minimum wage certificates authorized by Section 14(c) of the FLSA

  • Employee Polygraph Protection Act Notice (EPPA) - Who Must Post: Any employer engaged in or affecting commerce or in the production of goods for commerce. Does not apply to federal, state, and local governments, or to circumstances covered by the national defense and security exemption

  • "Your Rights Under USERRA" Notice/Poster - Who Must Post: The full text of the notice must be provided by each employer to persons entitled to rights and benefits under USERRA

  • Employee Rights Under the H-2A Program - Who Must Post: Agricultural employers hiring temporary agricultural workers under H-2A visas

In addition to federal labor law posters, employers are also required to display state labor law posters. For example, in New Jersey, employers are required to display the following posters:

  • Discrimination Notice in Employment

  • Discrimination Notice in Public Accommodations

  • Earned Sick Leave

  • EEOC Know Your Rights: Workplace Discrimination is Illegal

  • Family Medical Leave Act

  • Family Medical Leave Insurance

  • Gender Equity Notice

  • New Jersey Minimum Wage

  • No Smoking Notice

  • Payment of Wages

  • Reporting and Recordkeeping Requirements Notice

  • Safe Act

  • Unemployment Compensation

  • Whistleblower Protection Act

  • Worker Misclassification Notice

On October 19, 2022, the EEOC released an updated "Know Your Rights" Poster for employers to display. Employers should remove their old EEOC poster and replace it with the updated poster as soon as possible.


Following the COVID-19 pandemic, the Department of Labor issued guidance about when electronic posters are acceptable and in what situations employers must continue to display posters in the workplace. If all employees work on site, the employer is required to display physical posters in a conspicuous place at each work location. If the employer has a mix of employees who work at a worksite and remotely, the employer is required to display the physical posters at each work location but should also post the notices electronically. If all employers are working remotely, an employer can satisfy the posting requirements, if an employer meets three conditions: (1) All of the employer's employees must exclusively work remotely, (2) All employers customarily receive information from the employer via electronic means, and (3) All employees have readily available access to the electronic postings at all times.


As we all ring in the new year, let's not forget to check the dates on those giant posters hanging in the lunchroom.


** This blog post is not intended to be an all-inclusive list of all the posters that an employer should be displaying in the workplace. Employers should ensure they are complying with all applicable federal, state, and local poster requirements**


New Year, New...Posters? © 2022 by Pamela Ranson is licensed under CC BY 4.0



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