Keeping up with the changes to labor laws and the posting requirements that go along with those laws can be a challenge. You may remember, that in October the EEOC “Know Your Rights” poster replaced the “EEO is the Law” poster. This was the first mandatory update to the required federal posters in six years.
However, since then two important federal laws passed in late December. The first new law to take effect is the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP). This act expands the rights of nursing mothers to all workers. Followed by the Pregnant Workers Fairness Act, which provides anti-discrimination protections for pregnant employees.
Federal Poster Updates
These new laws both include mandatory posting requirements for employers. First, the Fair Labor Standards Act (FLSA) poster was updated in April. The new poster covers the expanded rights for nursing mothers under the PUMP Act. Next, in June the Know Your Rights poster was revised. The revision includes the types of employment discrimination that are prohibited under the Pregnant Workers Fairness Act. Further, it includes failure to provide reasonable accommodations for pregnancy as a practice that is employment discrimination. In addition, the Family and Medical Leave Act (FMLA) poster had a non-mandatory update in April. (The U.S. Department of Labor maintains that the April 2016 and February 2013 versions still fulfill the posting requirement.)
A helpful solution
All these changes in such a short period of time magnify the value of our Poster Subscription Plan. When a major, mandatory change occurs while your subscription is active, we will provide you complimentary updated copies with your subscription service. 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.
Furthermore, the federal posting updates aren’t the only requirements that employers need to be aware of. Many states have been updating labor laws as well. For example, since January almost a dozen states have updated at least one of their mandatory posters.
States with updates since January:
South Carolina
New York
Virginia
Nevada
Texas
New Jersey
Delaware
Washington DC
Rhode Island
Louisiana
Oregon
This trend in labor law requirements is likely to continue. Tracking all the changes can be complicated. That’s why at NSC we constantly monitor it for you. The most efficient way to stay compliant is with our Poster Subscription Plan.
Are OSHA violations still a major concern in the United States?
Unfortunately, yes. While it’s true that the Federal Occupational Safety and Health Administration (OSHA) has played a significant role in improving employee safety standards, many workplaces are still deemed unsafe.
For example, in 2021, OSHA health and safety inspectors carried out 24,333 federal inspections and discovered that 4,764 workers had died on the job in the previous year. The industries that accounted for nearly half of the fatal occupational injuries were:
Transportation
Material-moving jobs
Construction
Extraction jobs
We’ve written this post to assist both employers and employees identify and fix safety violations. We’ll explore the 10 most commonly violated OSHA standards as reported by OSHA inspectors and discuss ways you, as an employer, can address these concerns.
1. Fall Protection (29 CFR 1926.501)
According to the Bureau of Labor’s Census of Fatal Occupational Injuries Summary, there were 850 fatal falls recorded in the U.S. in 2021, up 5.6% from 2020. Falls, slips, and trips in construction and extraction occupations accounted for 370 of these 2021 fatalities.
You can reduce the likelihood of these incidents by adhering to the OSHA Fall Protection standard. This is a standard with two main requirements for employers:
Provision of fall protection systems such as guardrails, safety nets, personal fall arrest systems
Provision of fall protection training to employees working at elevated heights greater than six feet
You can fulfill the first requirement by installing appropriate fall protection equipment, and the second by enrolling workers in regional OSHA Training Institute Education Centers.
Additional information to help managers prevent slips and trips in the workplace can also be found on our website under accident prevention.
Establish and maintain a respiratory protection program
Provide workers with adequate respiratory protection
OSHA inspectors note that the biggest violations of this standard involve non-compliance especially as it regards:
Medical evaluations
Securing respiratory protection PPE
Fit testing
Developing a comprehensive respiratory protection program
Identifying respiratory workplace hazards
Need a bit of assistance? We’ve got a wide-range of resources to help with respiratory protection available online.
3. Ladders (29 CFR 1910.1053)
Many industries use ladders, from firefighting to construction. The OSHA Ladder Standard demands that employers make efforts to ensure that:
Workers use ladders safely
Ladders are kept in good working condition
Faulty, old, and worn-out ladders are replaced
Failure to observe these requirements can lead to falls and various workplace injuries.
Violations of this ladder standard typically present themselves as:
Employees failing to use ladders in a manner deemed safe
Employees using broken or defective ladders
Employees failing to correctly extend ladders to reach landing surfaces
Invest in our high-quality training courses, booklets, and posters and easily bring your teams up-to-date with the latest in ladder safety.
4. Hazard Communication (29 CFR 1910.1200)
The OSHA Hazard Communication standard deals with the necessity of transmitting information to employees about the chemicals they’re working with.
Employers are required to provide workers with knowledge of the chemicals they use, their hazardous nature, the correct way of handling them, and the potential detrimental health effects.
Most employers breach this standard by failing to:
Implement a Hazards and Communication (HazCom) program
Train staff on hazardous substances
Create and maintain Safety Data Sheets
Fortunately, training staff on HazCom best practices just got easier thanks to our Hazard Communication resources.
5. Scaffolding (29 CFR 1926.451)
Masons, framers, and roofing experts are just some of the people most at risk if the OSHA Scaffolding standard isn’t maintained. That’s because they tend to work with scaffolding the most.
Scaffolding, a common work platform seen across many construction sites, should be designed by a professional, erected as directed, and tested for safety prior to use.
Scaffolding is meant to provide a stable platform for workers to stand upon as they do their job, while also protecting them from falling over.
OSHA violations of this standard can be seen in the:
Failure of employers to provide guardrail systems
Failure to use cross-braces for stability
Failure to test planking/decking before use
Demonstrate your commitment to creating a safe and secure workplace with these scaffolding safety resources.
This training standard is engineered to teach workers about workplace dangers that could lead to falls and the manifold means of preventing them.
Employers are obligated, under this standard, to provide employees with fall protection training so workers know how to correctly use the fall protection systems.
With our Fall Protection Training resources, imparting knowledge on how to stay safe and prevent falls is now a seamless affair.
7. Control of Hazardous Energy (lockout/tagout) (29 CFR 1910.147)
The goal of the OSHA Lockout/Tagout (LOTO) standard is the prevention of workplace accidents triggered by the unintentional startup of machinery.
In order to comply with this standard, employers must do the following two things:
Develop and implement a lockout/tagout program
Teach employees the correct techniques to control hazardous energy
This standard is most often violated when employees:
Fail to train workers in general LOTO procedures
Fail to establish energy control programs
Fail to carry out periodic workplace machinery inspections
Regular LOTO training goes a long way in mitigating machinery-related accidents. Ensure your workers receive quality Lockout/Tagout safety training thanks to our comprehensive resources.
8. Eye and Face Protection (29 CFR 1926.102)
Workplaces can become dangerous because of sparks, flying debris, and various hazardous materials. These often cause eye injuries, which is why the OSHA Eye and Face Protection standard was created.
It mandates employers to:
Furnish workers with necessary eye and face protection
Train employees how to correctly wear and use this PPE
For more information on how to protect employee’s eyes and faces on the job site visit our National Safety Compliance website eye safety page.
9. Powered Industrial Trucks (29 CFR 1910.178)
Industrial trucks are used across different industries and workplaces in the U.S. However, their use must be regulated and accompanied by training on safe workplace utility.
The OSHA Powered Industrial Trucks standard provides guidance on what safety precautions employers are meant to put in place to safeguard their employees. One requirement is to train workers on the proper operation of powered industrial trucks.
Prevent driving accidents and remind workers of safe driving practices with our driving safety posters, games, and video kits.
10. Machinery and Machine Guarding (29 CFR 1910.212)
With workplaces like manufacturing plants and industries that are powered by machinery, it was pivotal to develop a standard that related specifically to machinery. That’s where we get the OSHA Machinery and Machine Guarding standard.
This standard is designed to teach workers how to prevent injuries from moving parts while working.
Violations of this standard typically revolve around employers failing to train their employees about how to safely operate machinery and avoid being injured by moving machine parts.
Fostering a safe workplace begins with training and is preserved with educational posters like our Machine Safeguarding resources.
The Bottom Line
Employers and employees have an important role to play in preventing and reducing OSHA violations. Improving the workplace and making it safer and more secure is a team affair. A careful study of these standards and examination of your own current practices doesn’t just protect your workers and save lives, but it can lead to a more functional, effective, and profitable workplace altogether.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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/
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:
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.
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.
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.
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 31st 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.
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. Contactthe U.S. Department of Labor (DOL) or your state’s Labor Department or agency for legal advice.
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
Discrimination
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 sales@nscemail.com 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.
The Federal Government is taking unprecedented measures to provide financial help to businesses affected by the Covid-19 virus. At this point it appears that almost every business is being affected. Here at National Safety Compliance we find ourselves is uncharted territory as well. Due to a 30-day Shelter-In-Place order and a sharp decline in daily sales, we have reduced our working staff to the bare minimum. Therefore, some of our normal production activities have been put on hold. As a result of this, we are not currently able to update our labor law posters to reflect the changes being made to the federal posting requirements.
A new federal poster has been released called “The Families First Coronavirus Response Act Poster.” This poster provides information regarding employee rights concerning Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act. The poster takes effect April 1, 2020 and goes through December 31, 2020. Since we cannot at this time update our poster, we have attached a pdf file of the poster for you to print and display along with your current Labor Law poster. It is an 8.5” x 11” size posting which means you do not need special sized paper to print it. Once this emergency situation has passed and we are able to get back to work, we will update our posters and provide those of you on our poster protection plan with a new poster. We apologize for the inconvenience and hope that you understand.
If you have any other training needs, please note that we are still shipping all of our other products. If some of your employees are currently remote, we also have online training programs that you can send directly to them to complete on online from anywhere.
Please feel free to contact us if you have any questions. We will be happy to assist you as best we can. Stay safe, wash your hands, and hold on tight to hope.
Need updated Labor Law Posters? Click here to see our poster options.
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