Owners of businesses are burdened with a long list of laws they must comply with; however, the federal government does not require posters. Owners may overestimate how many posters they require to post for their employees’ awareness of their rights. Posters vary by the number of employees, the type of business and if the owner is a government contractor.
Federal Labor Law Posters: Businesses Must Display
These are the Federal Labor Law Posters that apply to virtually every business with employees:
1. Fair Labor Standards Act (FLSA) Poster
If you have 50 or more employees within a 75-mile radius, the FMLA poster is mandatory. It explains employee rights to take unpaid, job-protected leave for qualified family or medical reasons, such as the birth of a child, caring for a sick family member, or a serious health condition.
The FMLA poster must be displayed prominently where it can be easily seen by employees and applicants for employment. The regulations also allow electronic posting for this poster, as long as employees can access it easily.
2. OSHA Poster
The “Job Safety and Health: It’s the Law” poster is required by OSHA. It informs employees of their rights to a safe and healthful workplace, including the right to report unsafe conditions without fear of retaliation.
This poster has specific size requirements (usually 24 inches by 18 inches) and must be displayed in a prominent location where employees can see it. The Department of Labor provides this poster free of charge.
3. EEOC (Equal Employment Opportunity Commission) Poster
The “Know Your Rights: Workplace Discrimination is Illegal” poster explains that discrimination in employment based on race, color, religion, sex, national origin, age, disability, or genetic information is illegal.
This poster is required under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). It must be displayed where employees and job applicants can see it.
4. Family and Medical Leave Act (FMLA) Poster
If your business has 50 or more employees within a 75-mile radius, the FMLA poster is mandatory. It explains employee rights to take unpaid, job-protected leave for qualified family or medical reasons, such as the birth of a child, caring for a sick family member, or a serious health condition.
One important note: the FMLA poster must be displayed “prominently where it can be readily seen by employees and applicants for employment.” The regulations also allow electronic posting for this poster, as long as employees can access it easily.
5. Employee Polygraph Protection Act (EPPA) Poster
The EPPA poster explains that employers cannot use lie detector tests on most employees. This is required for all employers, and the Department of Labor provides it free.
Many businesses don’t realize they need this poster because they don’t use polygraph tests. But the law requires you to post it anyway, to inform employees of their rights.
6. USERRA Poster
The USERRA (Uniformed Services Employment and Reemployment Rights Act) poster explains employee rights related to military service. If an employee goes on military leave, they have the right to return to their job. This applies to all employers and is mandatory to display.
Additional Posters for Federal Contractors
If your business has a contract with the federal government, you have additional mandatory posting requirements:
- Executive Order 11246 and Executive Order 13496 Posters: Federal contractors and subcontractors must post notices about employee rights under federal labor laws. These include notice of job rights and responsibilities. These posters must be displayed at the work site in prominent, accessible places.
- National Labor Relations Act (NLRA) Poster: If you’re a federal contractor, you must post information about employee rights under the NLRA, which covers unionization and collective bargaining rights. This doesn’t apply to non-contractors.
- Davis-Bacon Act and Service Contract Act Notices: If your federal contract involves construction or service work, additional notices are required. These specify wage and hour requirements that may differ from standard FLSA minimums.
How to Know If You’re Missing Any Posters
The easiest way to determine what you need is to use the U.S. Department of Labor’s online Poster Advisor tool. It’s free, and it asks you questions about your business and gives you a complete list of federal posters you are required to display. Also check the required state poster applicable to your location.
Important Details About Displaying Federal Posters
1. Size and Placement
Some of the federal posters have specific size requirements. It is important to check the Department of Labor’s website for each poster’s size and choose a location where employees can easily read them.
Required posters must be displayed in a conspicuous place where employees and applicants can easily see them. Good locations include break rooms, cafeterias, common hallways, and areas near entrances or restrooms. Avoid locations that are out of the way or behind closed doors.
2. Digital Posting Options
For some posters, electronic posting is permitted. The FMLA poster can be posted electronically as long as employees have regular access to it. If you have remote employees, you can provide digital copies of federal posters as long as they’re easily accessible.
However, physical posting is still required in physical workplaces. Even if you provide digital posters, you need hard copies displayed in your office.
3. Keeping Posters Updated
As laws and wage amounts, the requirements under federal law that an employer must post in a conspicuous place change locally. In order to ensure that you are posting current requirements, you should periodically verify that your posters are current with the latest requirements set forth by the Department of Labor (DOL). Many companies that develop posters offer update services to automatically send out new versions of all the changed posters whenever they are needed. In addition, the DOL provides free copies of the required federal workplace posters on its website, allowing you to download, print, and post your own copies as you see fit.
Conclusion
Federal law requires you to display several mandatory federal labor law posters in your workplace. Federal contractors have additional requirements. Taking the time to identify exactly what you need, displaying posters correctly, and keeping them updated shows your employees that you respect their rights and takes a major compliance burden off your shoulders.