Differences Between Labor Law Posters and Notices - American Society of Employers - Linda Olejniczak

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Differences Between Labor Law Posters and Notices

Employers must provide employees with information about their rights under various federal, state, and local employment laws. This information is typically communicated through either labor law posters or individual notices, as specified by the law.

Labor law posters are mandatory informational displays that must be prominently placed in areas where employees frequently gather, such as break rooms, cafeterias, or entrances. These posters ensure that all employees have access to crucial legal information. If an employer operates in multiple locations, each site must display the required posters.

At the federal level, there are five primary posters that most employers must display:

  1. Fair Labor Standards Act (FLSA) – Minimum Wage
  2. Family and Medical Leave Act (FMLA)
  3. Occupational Safety and Health Administration (OSHA) – Job Safety and Health: It’s the Law!
  4. Equal Employment Opportunity Commission (EEOC) – Know Your Rights: Workplace Discrimination is Illegal
  5. Employee Polygraph Protection Act (EPPA)

In addition to these federal requirements, numerous state, county, and city-level posters may also be mandated. Download ASE’s state (MI) and federal poster checklist here.

With the rise of remote work, the U.S. Department of Labor issued guidance in December 2020, allowing electronic delivery of federal labor law posters under certain conditions:

  • All employees work exclusively from home.
  • All employees customarily receive information electronically.
  • All employees have constant access to the electronic poster.

Despite this, physical posters are still required in workplaces with both on-site and remote workers. For hybrid employees, the physical poster suffices, supplemented by electronic posters for those fully remote. Employers must ensure that remote employees can easily access and understand the applicable electronic posters. State and local laws may have different requirements, and employers must comply with these as well. Job applicants should also have access to electronic posters if the hiring process is conducted remotely.

Some employment laws necessitate that employers provide individual notices to employees, detailing their rights and specific employment information. These notices can be distributed as hard copies or electronically, via email or intranet. Notices must often be included in the employer's handbook and are required at various stages of employment, such as hiring, health benefit enrollment, and during certain employment events.

In some cases, a poster can fulfill notice requirements. For example, under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers can comply by either displaying a poster or directly distributing a notice to employees via email or written documentation.

Compliance with posting and notice requirements varies by law. Employers must understand the specific requirements to ensure they meet all legal obligations.

ASE Connect

ASE members save 15% on GovDocs posters, non-members save 5%. Learn more and access the discount links at https://www.aseonline.org/HR-Compliance/Compliance-Services/Labor-Law-Posters.

Download ASE's Federal and State (Michigan) Poster Checklist to ensure your organization is poster compliant here.

 

Source: GovDocs Blog

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