Many employers assume compliance solely due to the vertical display of labor law poster compliance. However, this assumption is commonly made when businesses make a compliance error. Not only does the potential absence of some labor law posters occur by being out of date, posted improperly, or having numerous incomplete areas on them, but even one of these deficiencies may result in your company being held liable for a violation.
If you have ever had doubts about how to ensure your labor law posters were compliant, you are on the right path. In this article, we will describe step-by-step the different methods you can follow to ensure your labor law posters are compliant with current legal requirements, what items need to be verified, and how to remedy any concerns prior to incurring expenses related to noncompliance.
What “Compliant” Really Means
Labor law poster compliance involves more than just having something posted. For a poster to be compliant, it must be:
- Required for your business type and size
- Current and up to date
- Displayed in the correct location
- Easy for employees to read and access
If any one of these conditions is not met, you may be out of compliance, even if the poster is technically present.
Step 1: Confirm Which Posters Apply to Your Business
The first step is knowing which notices you are legally required to display.
Poster requirements depend on:
- Number of employees
- Industry
- Whether you have federal contracts
- Where your employees work (on-site, remote, or hybrid)
Most U.S. employers are required to display federal notices covering minimum wage, workplace safety, military service rights, and employee protections. Additional posters apply once certain employee thresholds are met.
If your business has grown, downsized, or changed how it operates, your posting obligations may have changed as well.
Step 2: Check the Publication and Revision Dates
Outdated posters are one of the most common compliance failures.
Federal and state agencies update posters when:
- Laws change
- Enforcement guidance is revised
- Contact information is updated
- Coverage expands
Look closely at the bottom of each poster for a revision or publication date. Compare that date with the most current version available from the issuing agency. If your poster is several years old, there’s a strong chance it’s no longer valid.
Step 3: Review Poster Content for Accuracy
Even if a poster looks official, it may not reflect current law.
Red flags include:
- Outdated minimum wage amounts
- Missing protected categories
- Old agency addresses or phone numbers
- Language that no longer reflects current enforcement standards
Employees rely on these notices for accurate information. If the content is incorrect, agencies may treat it the same as not posting at all.
Step 4: Verify Proper Display Location
Where posters are displayed matters just as much as what is posted.
Posters must be:
- Placed in a common area employees regularly use
- Visible without obstruction
- Large enough to be read easily
Acceptable locations often include break rooms, near time clocks, employee entrances, or shared bulletin boards. Posters placed in private offices, storage rooms, or behind locked doors do not meet compliance standards.
Step 5: Consider Language Requirements
If a significant portion of your workforce is not fluent in English, you may be required to display posters in additional languages.
Some federal and state agencies provide official translations. If translated versions are available and applicable to your workforce, failing to post them may create compliance issues.
Step 6: Evaluate Remote and Hybrid Access
Remote work has changed how compliance is evaluated.
If you have remote employees:
- Required notices must be easily accessible electronically
- Access should be continuous, not limited to a one-time email
- Posters should be located on an internal website or employee portal
If you have both remote and on-site workers, physical posters are still required for in-person staff, in addition to digital access.
Step 7: Review State and Local Posting Requirements
Federal posters are only part of the picture.
Most states, and many cities and counties, require additional labor law notices. These may include:
- State minimum wage posters
- Paid sick leave notices
- Workers’ compensation information
- Unemployment insurance notices
- State anti-discrimination postings
State and local requirements often change more frequently than federal ones, making regular review essential.
Step 8: Assess Poster Condition and Readability
Posters must be readable to be compliant.
Check for:
- Faded or torn posters
- Small or illegible print
- Posters covered by other notices
If employees can’t reasonably read the information, agencies may consider the posting inadequate.
Step 9: Keep Records of Your Compliance Efforts
While not always required, maintaining documentation can be helpful.
Best practices include:
- Keeping records of poster updates
- Noting when posters were replaced
- Saving copies of digital postings
These records can demonstrate good-faith compliance during audits or investigations.
Step 10: Perform Regular Compliance Reviews
Poster compliance isn’t a one-time task.
A simple annual review, plus checks after major legal changes or business growth, can prevent most violations. Many employers schedule reviews at the start of each year or after hiring milestones.
Final Thoughts
To determine if posters meeting labor law requirements are being displayed correctly in your workplace, you must review all of the corresponding regulations for each of these laws and make an accurate review of all locations where employees will be able to view their postings (both at home and on the website). Employers can keep up with all the compliance aspects of labor laws easily and effectively. By reviewing the information regularly and being proactive regarding poster compliance, employers will stay compliant with all of the applicable laws and avoid penalties by making sure that the correct information regarding employee rights is always available to employees.