Category: Labor Law News (English)

Posted on January 26th, 2023 by Kelly Carson

New York now requires all employers to provide an electronic version of all mandatory labor law posters to their employees. Assembly Bill A7595 was signed by Governor Hochul of New York on December 16, 2022, and became effective immediately. While New York is the first state to require digital versions for all employees, it most likely will not be the last. Many states are likely to follow this trend. In fact, some states including New Jersey already allow certain of their required posters to be delivered electronically.

Labor laws play an important role in protecting employees. Both Federal and State laws mandate employer responsibilities to their employees. They are intended to protect both individuals and companies. The primary way employee rights and protections are communicated is through labor law posters which are required to be displayed in a clearly visible area within the workplace. These posters summarize important details of the laws intended to protect both employees and employers. The electronic versions of these posters do not replace the physical posters in the workplace, they are just one more way for employers to keep their employees informed of their rights.

Due to the recent shift to remote work for many employees, the typical workplace has seen significant changes. Many of those changes are here to stay. One seemingly permanent change includes the demand for offsite employees. With this increase of remote workers, the need for providing electronic versions of the required labor law posters must be addressed. Many businesses have already began providing electronic versions of required labor law posters to their remote employees and the next logical step is to provide digital copies to all employees.

Many companies realized the need for digital posters a couple of years ago and began asking questions about how best to meet the requirements for remote employees. The US Department of Labor Wage and Hour Division created a Field Assistance Bulletin to provide guidance regarding the posting of required notices electronically. Many of the regulations for labor law posters require the posting of a notice “at all times,” or require employers to “post and keep posted, ” such notices. In order for digital posters to meet this standard, employers must insure that employees have easy access to the electronic posting at all times. Employers can accomplish this through an electronic database and regular notifications. The DOL bulletin makes it clear that the employer must take steps to inform employees of where and how to access the notices electronically. The standard being that the electronic notice must be as effective as a hard copy posting.

The guidance further explained, where an employer has both on-site and remote employees, the employer may supplement the hard copy posting requirement with an electronic posting. Employers should establish an easy-to-access location for these notices and inform workers where to find them. As physical labor law posters are updated for onsite workers, employers should also communicate any mandatory updates of notices on their electronic posting site.

The main way employee rights and protections are communicated is through labor law posters and now that so much of the workforce does their work remotely, it makes sense for posters to be readily available in a digital format to all employees. While New York is the first state to require employers to provide this to their employees it likely will not be the only state to do so, doubtlessly many others will see the benefits and follow suit.

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Posted on December 8th, 2022 by Kelly Carson

This has been a busy year for keeping up to date with labor laws. In addition to the run-of-the-mill minimum wage increases that happen fairly regularly, 2022 had an unusual number of new required postings. It is quite challenging to watch legislatures and stay in the know about new laws and updates to old laws that require employers to notify their employees of their rights and protections. It is especially difficult for businesses in multiple locations. At NSC we work hard to keep our labor law posters up to date so you don’t have to try to monitor them yourself.

This year, the Federal “EEO is the Law” poster had a major update that included a new title. It is now titled “Know Your Rights: Workplace Discrimination is Illegal.” This poster is prepared by the Equal Employment Opportunity Commission and summarizes the federal laws prohibiting job discrimination based on a long list of factors. The update clarifies what is included in sex discrimination, details that harassment is a form of discrimination, and gives information about equal pay discrimination for federal contractors. In addition, the new poster includes a QR code that links to the EEOC webpage for filing discrimination charges. This poster is also required to be posted by all federal contractors.

If it seems like there are more and more requirements to keep up with each year, it’s because there are! Along with the major update on the Federal level, several states have added brand new mandatory notices in 2022 and upcoming in 2023 to their labor law requirements. These new posters include everything from pregnancy accommodations and domestic violence resources to whistleblower protections and electronic monitoring notifications. Seizure first aid and paid sick and family leave are also among the new required postings.

States with New Required Posters

States from coast to coast have been energetic in updating their required notices in 2022. These changes vary from state to state; however, most of the updates coming in early 2023 are related to minimum wage but there are also a few paid leave updates coming soon.

States with Recent and Upcoming Labor Law Updates Include:

As you can easily see, the task of monitoring labor law posting requirements can easily become too much in addition to all the other responsibilities of running a business. You don’t have to do it alone, with our Poster Subscription Plan we offer an easy and affordable way to stay compliant throughout the year. Any time a mandatory change occurs to one of your plan-covered posters, we will ship you a free updated poster while your Poster Subscription Plan is active. Simply discard the old poster and display the new one. Purchase the Poster Subscription Plan option with your Labor Law poster purchase and leave the compliance to us. In addition, the plan renews annually and we ship a new set of posters annually so you continue to stay in compliance. Simple. Easy. Compliant.

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Posted on November 29th, 2022 by Kelly Carson

Fall has been a busy season for lawmakers and with that comes many changes to labor law posting requirements. It is essential for businesses to stay up to date on those changes. It can be challenging to continuously monitor the various government agencies that regulate labor laws. On top of the federal requirements, each state has its own mandated posters. Additionally, many businesses have locations in more than one state which creates additional challenges to keeping up with the latest laws and the implications of those laws.

As fall is quickly winding down and the new year seems just over the horizon, here at NSC, we are closely monitoring labor laws and posting updates that are on the way for 2023. While many states update the minimum wage requirement on January 1, those aren’t the only changes to come next year. As a matter of fact, some states will need to increase the expected minimum wage because of inflation. A few states have either new Paid Medical/Family Leave postings coming or an update to an existing Paid Leave poster.

States with labor law posting updates for 2023:

At National Safety Compliance we do the monitoring of labor law posting requirements for you so you can spend time doing other important things for your business. Make sure you are ready for the new year by pre-ordering 2023 posters today. The best choice is to choose our new subscription option. The subscription renews yearly, offering an easy solution to compliance with labor law. You’ll automatically receive a new, yearly set of posters, hassle-free. If there are any major, mandatory changes to the posters throughout that year, we will provide you complimentary updated copies with your subscription service.

As stated previously, this year there are a number of states that are expected to have a minimum wage increase that is larger than scheduled due to inflation. This is likely to require an update to some posters that were not anticipated to be updated this year. We are closely watching those developments. Along with minimum wage and paid family leave, in some states it is feasible to see changes to their whistleblower protections, personal protective equipment, child labor laws, pay equity, and discrimination notices.

States that are likely to have an update in 2023:

We work diligently to keep our Labor Law Posters updated with the most current federal and state-required postings. You can see the most recent changes here to make sure your posters are up to date.

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Posted on July 21st, 2022 by TMullins

The Americans with Disabilities Act celebrates its 32nd anniversary on July 26, 2022. The ADA’s significant impact on the way people with disabilities experience all aspects of daily life certainly calls for celebration. In 1990 the Americans with Disabilities Act was signed into law. This was a truly historic moment for American civil rights.

The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. In an attempt to cover all the bases, the law addresses jobs, schools, transportation, and all places that are open to the general public. The main goal of the ADA is to make sure people with disabilities have the same opportunities and rights as everyone else.

Five sections of the ADA relating to public life include:

Title I – Employment
Title II – Public Services: State and Local Government
Title III – Public Accommodations and Services Operated by Private Entities
Title IV – Telecommunications
Title V – Miscellaneous Provisions

The disability rights movement has a long history. Both perceptions and treatment of people with disability have significantly shifted since the 1900s. This is mainly because people with disabilities have demanded and worked hard to create those changes. Activism among disabled Americans can be found dating back to the 1800s. Many people, events, and laws have shaped this development. The 1990 Americans with Disabilities Act (ADA) followed by the ADA Amendments Act (2008) are the movement’s greatest legal achievements.

The lives of so many Americans have been positively affected by this measure to prohibit discrimination and ensure freedom for all. The ADA has truly transformed opportunities for people with disabilities. Furthermore, it ultimately changed the way America viewed people with disabilities as a whole. With that in mind, the anniversary of the ADA and the progress made are worth celebrating. What are some creative ways we can celebrate in the workplace?

Disability Awareness Events

Host wheelchair games or races.
Exhibit works by artists with disabilities.
Sponsor a disability awareness poster contest.
Demonstrate the use of assistive devices at a community event.
Host an online or in-person discussion. Ask questions such as: What impact has the ADA had on your life? What would be different about your life if we did not have the ADA?

Training/Technical Assistance

Send staff to ADA-related workshops and conferences such as the National ADA Symposium.
Utilize the ADA National Network for training and technical assistance. 1-800-949-4232
Participate in online courses, audio conferences, and podcasts.
Conduct in-house training on ADA issues on a regular basis.

Accessibility & Program Access

Appoint an ADA Coordinator.
Re-evaluate and update existing transition plans.
Survey websites for accessibility and prioritize web pages to be updated based on use and content.
Create focus groups/panels of people with disabilities to provide feedback on accessibility and program access issues.
Assess pedestrian access and identify need areas.
Commit to providing playgrounds that meet ADA compliance guidelines.
Provide effective communication such as interpreters at all large events or public meetings.

Ideas courtesy of https://adaanniversary.org/ideas-celebrate-ada/

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Posted on July 12th, 2022 by Kelly Carson

Labor law poster changes seem to appear overnight. As such, keeping up with labor laws can be intimidating. We are closely monitoring the changes so you don’t have to.

Often, those changes are considered minor such as address changes, website address changes, department personnel changes, and changes in design. However other changes are considered major such as increases in minimum wages, newly enacted laws, and major changes to the text of existing laws.

While January is the most common month for updates, many states update various laws throughout the year. As a general rule changes to federal labor laws do not happen quite as frequently as those at the state level. Changes often occur midyear. As is typical, mid-year labor law poster changes this year vary from state to state.

Types of changes happening this year

Minimum wage increases are one of the more common updates both at the beginning of the year and also mid-year. This year is no exception as the District of Columbia, Hawaii, Nevada, Oregon, and New Jersey each have updated minimum wage and/or overtime laws.

While the changes in Connecticut and Utah relate to health and unemployment insurance information. New Jersey’s Family Leave Act has been updated. In New Mexico, the Paid Sick Leave requirements have changed. Likewise, Louisiana’s Earned Income Credit rates have been updated. Illinois has reformatted employee rights under ISERRA. In addition to the updates already mentioned for Oregon changes for that state also include equal pay, breaks, meals, sexual harassment, domestic violence, sick time, and family leave.

Periodically states not only have mid-year updates but will also have new postings required. This year Virginia enacted a new required poster highlighting seizure first aid. Meanwhile, the new additional poster in New York is titled Prohibited Retaliatory Action by Employers.

Click on the state below to order updated posters

Keeping up with changes in labor law requirements can often seem like one more thing to try to manage. In light of that, we are carefully monitoring changes and strive to keep you informed of major changes that affect your business.

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Posted on June 7th, 2021 by TMullins

Keeping up with labor laws can be a daunting task. Changes seem to occur almost daily. And while this isn’t actually the case, it can sure feel that way. Changes to federal labor laws do not happen quite as frequent as those at the state level as a general rule. But in times of uncertainty, as we experienced with Covid in 2020, even federal labor laws can be enacted quickly as we saw with the passing of the CARES Act. The laws created by the CARES Act were of a temporary nature with many of the requirements ending in December of 2020. Most changes to labor laws are not temporary though. We find states often update various laws throughout the year. Some of those changes are considered minor such as address changes, website address changes, or department personnel changes. Other changes are considered major such as increases in minimum wages, newly enacted laws, and major changes to the text of an existing law.

Midyear often brings about many of those changes. The most common change is a state’s Minimum Wage. Although the Federal Minimum Wage has not increased since July 2009, many states, cities, and counties have a higher minimum wage. (Employers are required to pay workers the higher amount.)

The following states have mid-year minimum wage increases:

Connecticut: $13/hr. effective August 1, 2021
District of Columbia: $15.20/hr. effective July 1, 2021
Florida: $10/hr. effective September 30, 2021
Nevada: Minimum Wage and Daily Overtime Bulletin
- For Employees offering qualified health insurance benefits: $8.75/hr. effective July 1, 2021. The daily overtime wage will increase to $13.125 per hour.
- For Employers that do not offer qualified health insurance benefits: $9.75/hr. effective July 1, 2021. The daily overtime wage will increase to $14.625 per hour.

Oregon: $12.75/hr. effective July 1, 2021
Pennsylvania: $12/hr.
Virginia: $9.50/hr. effective May 1, 2021

Additional changes to many state laws have also taken place and include:

California:

Safety and Health Protection on the Job: Address change

Florida:

Workers’ Comp Works for You: website change for reporting suspected insurance fraud online.

Illinois:

Your Rights Under Illinois Employment Laws: address change
Victims’ Economic Security and Safety Act: added victims of gender violence to protected groups.

Louisiana:

Earned Income Credit: 2021 income limits for earned income tax credit updated.

Missouri:

Fair Employment: Statutory purpose updated.

Oregon:

Paid Sick Time: Clarifies that paid sick time also covers bereavement, parental leave and leave to care for a child whose school is closed for a public health emergency.
Family Leave Act: Allows leave to take care for a child whose school is closed for public health emergency.
Equal Pay Act: Illegal for an employer to pay an employee less than someone else based on pay history.

Virginia: Email and phone number changes

Virginia Human Rights Act
Low Income Credit

To keep up with the most current changes to the federal labor laws as well as your state labor laws you can sign up for a free email update service. Simply click here to enroll: https://www.nsccompliance.net/llp-updates/

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Posted on February 22nd, 2021 by TMullins

Published hard copies of CFR (Code of Federal Regulation) are useful to have in the field or on the floor. They work well as a quick reference to identify and cite potential OSHA violations or as a guide to spot areas where worker protections could be improved while crafting updated safety plans and avoiding costly fines.

A published CFR is only as useful as its contents remain relevant. Edits are made to the codification of rules in the Federal Register frequently. Some of the changes are small—clarifications, small tweaks to tables, editing for conciseness—but ultimately do not modify the rule in a significant way.

However, critical updates and major changes to rules do occur with relative frequency. If your print copy of 29 CFR 1910 or 20 CFR 1926 hasn’t been updated in a while, you may be missing crucial information.

We know that comparing everything that has changed can be a challenge. That’s why we’re here to make checking this round of CFR updates simple. This guide will cover and summarize only major changes from January 1, 2018, to December 31, 2020.

Changes to 29 CFR 1910 Occupational Health and Safety Standards for General Industry in 2018 – 2020

§1910.134 Respiratory protection

Several key changes were made to the Respiratory Protection Standard that applies not only to general industry but also shipyards, marine terminals, long shoring, and construction. These changes add new sections C.4 and C.5, as well as Appendix A on Fit Testing Procedures.

2021 additions to 29 CFR 1910.134 Respiratory Protection Standard include:

Updates to fit test exercises. Now, it is required for employers to perform fit tests for all methods listed in the appendix, except for the two modified ambient aerosol CNC quantitative fit testing protocol, CNP quantitative fit testing protocol and the CNP redon quantitative fit testing protocol. In regards to the two modified ambient aerosol CNC quantitative fit testing, they have their own exercises listed in Part I.C(4)b, Part I.C.5(b), or Part I.C.(6) for full or half-mask elastomeric respirators or for filtering facepiece respirators.
A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing Protocols for Full-Facepiece and Half-Mask Elastomeric Respirators is now included in Table A-1.
A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing has been added to Table A-2.

§1910.1024 Beryllium

The beryllium standard for general industry was updated to better align the regulations with industry needs and the rules outlined in other beryllium standards like 1926.1124. The most recent updates are effective as of September 14, 2020.

Recent additions to 29 CFR 1910.1024 Beryllium Standard include:

Defines beryllium sensitization, an immune response found in people who have been exposed to airborne beryllium that can lead to CBD (chronic beryllium disease).
Updates the method of compliance to state more broadly “exposure” instead of “airborne exposure or dermal contact.”
Personal protective equipment must now be removed once the worker has completed their beryllium-related task, not at the end of their shift.
If employees have skin exposed to beryllium, they must wash the exposed skin at designated times.
Personal protective equipment must have beryllium cleaned off as much as possible before entering or using an area where workers will be eating or drinking

Changes to 29 CFR 1926 General Industry in 2018 – 2020

§1926.1427 Cranes and Derricks in Construction Operator Qualifications

This major change was released in two parts with the qualifications and certifications going into effect December 10, 2018, and amendments (a) and (f) on evaluation and documentation requirements went into effect on February 7, 2019.

Updates for 2021 to 29 CFR 1926.1427 Cranes and Derricks in Construction Operator Qualifications Standard include:

Crane certification is no longer by capacity, instead, it must be by type as defined by the accredited certifying organization.
Employers must have all operators certified under new rules by December 10, 2018, at the employers’ expense.
Certified operators must then be qualified on the equipment they use in their workplace, otherwise, they are considered an operator-in-training and cannot work without direct supervision from a qualified trainer.
A qualified person must be either an employee or an agent of the employer with the knowledge and experience necessary to direct in-training operators.
A qualified person must be in the field of vision and watch the operator-in-training closely.
Evaluations are conducted to ensure the operator can perform work safely on their assigned equipment.
Evaluations are conducted to ensure the operator has mastered all necessary knowledge, skills, and abilities to avert risks and safely perform work duties using their assigned equipment.

§1926.1124 Beryllium in Construction and Shipyards

The most recent changes to the rules for Beryllium in Construction went into effect on 9/30/2020, however, the standard has been updated several times since 2018, mostly for clarity and to better align with adjacent rules in 29 CFR 1910 General Industry.

Leading up to these rule changes, in 2017 OSHA published a rule about occupational exposure to beryllium and its compounds in the Federal Register that conclude it posed a significant risk to the health of workers with the potential to lead to lung disease or cancer when exposures went beyond permissible exposure limits (PELs). Contact with this material happens often in shipyards and during welding. The new rules set out to fit the needs of construction and shipyard workers specifically and align their standards to the general industry standards, as well as provide clarification.

Modifications to the 29 CFR 1926.1124 Beryllium in Construction and Shipyards Standard include:

Specified definition of Beryllium sensitization, which is an immune response in people exposed to beryllium. While it is often symptomless it is the first step to developing CBD (chronic beryllium disease).
Pulmonologists in CBD medical diagnostic centers are no longer required to be on-site, but simply on staff.
The written exposure control plan for beryllium now must contain a list of operations and job titles who are expected to work with beryllium, engineering controls, means of protection from exposure, a list of PPE (personal protective equipment) used, as well as procedures for restricting access during work exposures, procedures to contain exposure and procedures for cleanup.
Engineering rules have been simplified to state that engineers must be used by employers to reduce and maintain beryllium exposure below the TWA PEL and STEL unless provably unfeasible.
In-writing notification of airborne exposure of beryllium to housekeeping staff is no longer required. Instead, in any operation that could result in airborne dust, the workers must be provided with personal protective equipment if it will result in airborne exposure above TWA PEL or STEL levels.
When beryllium is disposed of or transported to another entity, written warnings are no longer required.
Physician evaluations at CBD diagnostic centers must include tests for pulmonary function, bronchoalveolar lavage (BAL), and transbronchial biopsy if deemed necessary.
Warning labels on containers contaminated with beryllium are no longer required.
Employees now are only required to be trained in beryllium safety if they are reasonably thought to have airborne exposure—skin exposure is now excluded.

§1926.1400 Scope

This standard was updated with the new paragraph (18) which clarifies that flash-butt welding trucks that are not equipped with hoisting devices are defined as roadway maintenance machines and are used for railroad track work, as defined in 49 CFR 214.7.

Benefits and features of CFR books

Government agencies like OSHA must remain nimble to continue to improve processes that protect workers’ health and safety while balancing the needs of employers. So, when it comes to construction and general industry, the Code of Federal Regulations are known to change frequently.

Published CFR books from National Safety Compliance can help you stay informed on industry changes, within your work floor, construction site, or office and keeping your employees safe. These current publications are also an excellent guide for developing or updating your facility’s safety plan.

Our publications are released often and are designed to be user-friendly, with additional features to help you answer questions quickly and effectively.

Annual Updates and Corrections

Every change made to the CFR in the past few years is included in the front of the book, even if it is a minor grammatical change. This will help you quickly identify any standards that may need a refresher, retraining, or trigger a safety plan update.

Most Frequently Cited Standards

Our CFR books contain the most frequently cited standards from OSHA from the previous year. This can help you see where your industry peers may have gaps in their safety plans and check the standards against your facility’s practices.

This information is found prior to the start of each subpart.

Letters of Interpretation

Letters of Interpretation are an excellent resource that you may not normally be aware of. These letters are responses from OSHA to public questions about important topics like terminology, interpretation, and enforcement of particular laws. If there are Letters of Interpretation available to help clarify a standard, we include an icon in our book so you know to look it up on osha.gov

Additional Parts of Title 29 & General Duty

We include additional parts of Title 29 outside of 1910 and 1926 that are relevant to our users, such as Inspections, Citations, and Proposed Penalties from 29 CFR 1903 and CFR 1904 Recording and Reporting Occupational Injuries and Illnesses.

Also included for quick reference is the General Duty clause, which is OSHA’s catch-all for hazardous or dangerous situations in a workplace. If there isn’t a specific standard the violation falls under, it goes under General Duty.

The 2021 Edition of 29 CFR 1910 General Industry and 29 CFR 1926 Construction books from National Safety Compliance are available in print or digital PDF formats. To ensure your facility is always in compliance, protect your workers, and avoid costly fines, make sure safety management, supervisors, and human resources directors have easy access to the right training, materials, and resources to protect your workers and business.

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Posted on January 13th, 2021 by TMullins

Recently, we wrote about the most current minimum wage changes that took place this year. As of January 13, there have been 26 minimum wage changes across the U.S. Today, we will discuss some of the newest labor law changes that could affect your business. With these changes come changes to the required postings. To see a list of all the changes on a state-by-state basis visit Most Recent Labor Law Changes. In this article we will discuss just a few of the updates. You can sign-up to receive email updates regarding labor law changes and the accompanying required posting(s) on our Labor Law Poster Update Notifications page. Click on your state and enter your email address just above the subscribe button.

Many people have inquired about the Federal Families First Coronavirus Response Act that required certain employers to provide their employees with paid sick leave and expanded family and medical leave for specific reasons related to COVID-19. That posting was effective only thru December 31, 2021. As of this writing, there has not been an extension to that law. (https://www.dol.gov/agencies/whd). Stay connected and we will keep you up to date of any new changes that may take affect.

Here is a summary of just a few of the state changes:

California: Senate Bill 1383 (Family Care & Medical Leave & Pregnancy Disability Leave; Your Rights and Obligations as a Pregnant Employee, Workplace Discrimination, Notice to Employees Paid Family Leave) (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1383)

Effective January 1, 2021, this bill expands the California Family Rights Act to include employers with 5 or more employees. It also expands the list of reasons for taking family or medical leave and includes taking leave to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified. It requires an employer who employs both parents of a child to grant leave to each employee and make it an unlawful employment practice for any employer to refuse to grant a request by an employee to take up to 12 work-weeks of unpaid protected leave during any 12-month period due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.

Colorado: Healthy Families & Workplace Act (Colorado Workplace Public Health Rights Poster: Paid Leave, Whistleblowing & Protective Equipment)

Effective January 1, 2021, Colorado employers with more than 16 employees must provide one hour of paid sick leave for every 30 hours of work, up to a minimum of 48 hours. On the same posting, the Public Health Emergency Whistleblower Law (PHEW) details workers right to oppose Workplace Health/Safety violations during public health emergencies and gives workers’ rights to use their own Personal Protective Equipment.

Florida: Human Trafficking Bill, Chapter 2019-152, Laws of Florida (Human Trafficking posting)

Healthcare professionals licensed by the following Boards: Acupuncture, Medicine, Osteopathic Medicine, Chiropractic Medicine, Podiatric Medicine, Optometry, Pharmacy, Dentistry, Nursing Home Administration, Occupational Therapy, Dietetics and Nutrition, Respiratory Care, Massage Therapy, and Physical Therapy must complete one hour of continuing education (CE) on human trafficking and post a sign about human trafficking in their office by January 1, 2021.

Maine: Earned Paid Employee Leave Law (Regulation of Employment)

An employer that employs more than 10 employees in the usual and regular course of business for more than 120 days in any calendar year shall permit each employee to earn paid leave based on the employee’s base pay. An employee is entitled to earn one hour of paid leave from a single employer for every 40 hours worked, up to 40 hours in one year of employment. Accrual of leave begins at the start of employment, but the employer is not required to permit use of the leave before the employee has been employed by that employer for 120 days during a one-year period.

Massachusetts: Paid Family and Medical Leave (Notice of Benefits)

On January 1, 2021, the Massachusetts Paid Family and Medical Leave Act (PFML) will begin providing benefits to eligible workers for qualifying reasons. Covered individuals may be entitled to up to 20 weeks of paid medical leave in a benefit year if they have a serious health condition that incapacitates them from work. They may be entitled to up to 12 weeks of paid family leave in a benefit year related to the birth, adoption, or foster care placement of a child, or because of a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the Armed Forces. Covered individuals may be entitled to up to 26 weeks of paid family leave in a benefit year to care for a family member who is a covered service member with a serious health condition.

Oregon: OAR 437-001-0744 (Oregon OSHA’s COVID-19 Temporary Standard for All Workplaces)

Oregon has released a Temporary COVID-19 Rule for all workplaces that is effective through May 4, 2021 unless it is revised or repealed before that date. The requirements include physical distancing, facial coverings, , workplace risk assessments and other pertinent information regarding notifying your employer and your right to notify your employer or Oregon OSHA about workplace hazards.

These are just a few of the state changes. State labor laws change throughout the year and no two states have the same requirements. It is important and (required by law) that employees are made aware of these various laws, bills, and acts. Employers must post the postings in their place of business where everyone has access to them and if there are remote workers, making them accessible to view online or by email. Labor law and the required workplace notices is an important issue and should not be ignored by any business.

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Posted on November 17th, 2020 by TMullins

Most business owners know about OSHA and the penalties that are involved when there is an injury incident at the workplace. OSHA takes workplace injuries very seriously. In 2015 President Obama signed the Federal Civil Penalties Inflation Adjustment Act Improvements Act which requires the DOL to annually adjust its civil monetary penalties every year to account for inflation and to increase the deterrent effect. In 2020, these fines range anywhere from $13,494 to $134,937 per violation.

What most companies do not realize, though not as serious as the OSHA workplace penalties, is there could be penalties associated with not posting the proper workplace notices. There are Federal postings and state postings, and fines vary depending on the posting and the agency that requires the posting.

You can also avoid the worry and pre-order your 2021 labor law posters today.

Federal Labor Law Postings

According to the Dept. Of Labor’s website (www.dol.gov), the required postings and the penalties for not posting for most businesses at the Federal level are:

Occupational Safety and Health (OSHA) Posting: shall not exceed $13,494

Employee Rights Under the Fair Labor Standards Act (FLSA/MINIUM WAGE) Posting: No citations or penalties for failure to post

Employee Rights and Responsibilities Under the Family and Medical Leave Act (FMLA) Posting: 50 or more Employees – Willful refusal to post may result in a civil money penalty by the Wage and Hour Division not to exceed $100 for each separate offense.

Equal Opportunity is the Law (EEO) Posting: 15 or more employees. Appropriate contract sanctions may be imposed for uncorrected violations.

Employee Polygraph Protection Act Notice (EPPA) Posting: The Secretary of Labor can bring court actions and assess civil penalties for failing to post.

Your Rights Under USERRA Notice/Poster: No citations or penalties for failure to notify. An individual could ask DOL to investigate and seek compliance or file a private enforcement action to require the employer to provide the notice to employees.

Posting requirements vary depending on a number of variables such as:

Number of employees
Public or private business
Federal or subcontractors
Agricultural employers or businesses who hire migrant or seasonal agricultural employees
Employers who hire persons entitled to rights and benefits under USERRA.

State Labor Law Postings:

Postings required for the state and local levels vary. Each posting could carry its own fine. Every state agency and law are different. Fines can range anywhere from $100 – $1,000 per violation. Some examples of state postings include:

Workers Compensation Notices: A Notice of Compliance or Workers Compensation Notice is given to each business that carries Workman’s Compensation. Some states require this notice to be posted. This protects the employers by verifying the availability of workers comp and gives current insurance information for healthcare providers at the time of injury when claims must be reported and what to do in case of an accident.

Sexual Harassment Notices: Sexual Harassment laws have become more prevalent in recent years. Many states are adopting strict guidelines concerning the basic rules to be adhered to, training required and protections to be in place to protect both employees and the employer. Along with notices having to be posted, some states require documentation to be given to the employee at time of hire.

Discrimination Notices: Discrimination is another area that has seen an increase in states posting additional guidelines about discrimination in the workplace. The Federal Law prohibits discrimination based on race, color, religion, national origin, or sex. Some states are now adding age, pregnancy, childbirth and related medical conditions, sexual orientation, gender identity marital status, and in some states, hair styles and hair textures.

Examples of other state notices would be unemployment insurance, child labor laws, human trafficking, right to know laws and earned income laws.

Employers are required to follow both federal law and applicable state laws. Sometimes different government agencies enact laws regarding the same issues or situations. Some examples where this has occurred include minimum wage, paid family leave, and discrimination laws. The U.S. Department of Labor instructs employers and employees to follow the law that provides the most protection.

Failure to display the correct state and federal employment law notices can also result in penalties, fines, and lawsuits. All of these notices must be “conspicuously placed” and “readily accessible” to employees.

Are there required inspections for Workplace Labor Law Notices?

The state or federal government rarely sends out someone just to inspect your place of business to see if you have the proper notices. If an agency, for example OSHA, is at your business because of a workplace injury, or to investigate an employee complaint, the agency could check posting compliance as part of the visit and assess any additional fines. If there is an employee complaint about sexual harassment or discrimination, the state agency, during the investigation, could check workplace notices and determine if fines are applicable.

Not only does having the proper postings keep your business from being fined. There are also other advantages for having your labor law posters up to date. Some postings, such as the Federal Discrimination posting, has a statute of limitations for filing a claim (300 days) or FLSA overtime case (two years), so if you are up to date on your postings, you could potentially request to have the case removed. On the other hand, if you do not have a posting or it is outdated, the courts could say the statute of limitations does not apply because you did not notify your employees about their legal rights and responsibilities.

To stay up to date on the latest in labor law posting requirements in your state, sign up for updates here.

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.

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Posted on November 5th, 2020 by TMullins

Remember when the big story last year in labor law was increasing the minimum wage to $15 an hour? While that is still an issue being discussed, as we get closer to 2021, one of the most asked business questions now is what changes will be required due to COVID-19? This pandemic has impacted businesses all over the world, not only in the way we work but also in what laws/regulations or protocols businesses must have in place.

Safety Protocols

While there are no standards currently written specifically for COVID-19, OSHA has outlined that certain regulations could be used to help prevent the spread of the virus. These standards include Bloodborne Pathogens, Personal Protective Equipment, Respiratory Protection, and the General Duty Clause. To reduce the impact of pandemics such as COVID-19 on businesses, workers, customers, and the public, it is vital to prepare and to plan. Measures for protecting workers from exposure and infection depend on the type of work being performed and exposure risk, including potential for interaction with people with suspected or confirmed COVID-19 and contamination of the work environment. The pandemic will continue to have an impact on the workplace and laws relating to employees. You can find more detailed information here.

If you would like to stay proactive, consider training your employees on infectious disease control.

Labor Law Changes

Employees and employers have a lot of questions concerning The Family and Medical Leave Act as it relates to the Covid-19 pandemic. Can paid sick leave or time off be used for reasons related to COVID-19: symptoms, quarantine, caring for someone who is in quarantine and school closures and who is considered a family member? The Families First Coronavirus Response Act was signed on March 18, 2020 and went into effect April 1, 2020^.It expanded the FMLA and addressed some of those questions but is set to terminate on December 31^st of 2020. Now everyone is waiting and watching to see what the Federal Gov’t will do to address these concerns past December 31st.

The three main areas we expect some type of new or extended legislation to cover are:

Paid sick leave: a benefit that allows employees paid time off from work, to stay home to address health issues without losing pay. In some instances, it can be used to care for a child or family member.
Family leave: is unpaid, job protected leave for specified family and medical reasons. It also requires that an employee can maintain their group health benefits during the leave.
Paid time off: time off when the employee is unable to work because the employee is quarantined and/or experiencing COVID-19 symptoms and seeking a medical diagnosis.

Several states (Arizona, California, Colorado, Connecticut, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington as of this writing) along with the District of Columbia have implemented or have pending laws and/or regulations that extend or amend the federal law.

What Do I Need to Do?

The Coronavirus is ever-changing and filled with many unknowns which brings new and changing laws and regulations almost every week. It is the employer’s responsibility to be informed and take the necessary steps to ensure a safe workplace. In 2020 many employers had to lay off employees or shut down or scale back businesses. As businesses open back up and get back to work in 2021, employers will have to be prepared and ready by staying informed, implementing necessary precautions and enacting the possible new laws and regulations.

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