Labor Law Posting Requirements: Everything You Need to Know

Click to jump ahead:

• What Are Labor Laws?
• What Are Labor Law Posters?
• Labor Law Frequently Asked Questions

What Are Labor Laws?

Broadly speaking, labor laws are exactly that: laws regulating employment actions in the U.S.

These laws are generated at the federal, state and local levels, and they pretty much cover everything from soup to nuts.

At the federal level, for example, there are laws banning discrimination based on a number of identified protected categories, like race and age.

Other federal laws set certain requirements related to wages; create rules regarding the use by employers of lie detector tests; establish an entitlement to family and medical leave; and set requirements relating to job safety and job rights of military members.

State and local laws can give employees more protection – but not less – than the protections that are provided by federal law. Think of federal law as establishing a floor of protection that states and localities may go above but not below.

For example, some states give employees paid family leave, even though federal law does not.

What Are Labor Law Posters?

Many of the laws that create rules regarding employment include a requirement that notices about employees’ legal rights under those laws be posted in the workplace.

For this reason, employers have to carefully navigate their way through the applicable posting requirements and make sure they stay compliant with all applicable federal, state and local laws.

This isn’t a one-size-fits-all situation. Employers have to do their due diligence. Exactly what notices must be posted depends on a number of factors, including the size of the employer and what kind of business it is engaged in.

And when a law gets updated or otherwise changed, that probably means a new poster is needed.

So how do employers know exactly what to post?

Because federal law applies in all states, learning the federal posting requirements a good starting point.

Here are some of the federal laws that include notice requirements for employers to whom the statute applies.

• The Fair Labor Standards Act, which establishes minimum wage, overtime, recordkeeping and youth employment standards for covered employers.
• The Family and Medical Leave Act, which gives eligible employees the right to take unpaid but job-protected leave for a number of specified reasons.
• The Employee Polygraph Protection Act, which generally bans most private employers from using lie detector tests for pre-employment screening and during employment.
• The Occupational Safety and Health Act, which broadly regulates workplace safety.
• The Uniformed Services Employment and Reemployment Rights Act, which protects the civilian employment rights of military service members and veterans.
• The Migrant and Seasonal Agricultural Worker Protection Act, which protects migrant and seasonal agricultural workers by setting standards in a number of areas, including wages, houses, transportation, disclosures and recordkeeping.
• The Walsh/Healey Public Contracts Act and McNamara-O-Hara Service Contract Act, which require some federal contractors and subcontractors to pay employees fair wages.
• The Immigration and Nationality Act, which governs immigration law.
• The Davis-Bacon and Related Act, which set requirements relating to certain federal contractors and subcontractors.

Not all of these laws apply to all employers – and figuring out exactly which ones apply involves maneuvering through a complicated maze that takes a number of specific factors into account. That means the answer to the question of exactly which notices must be posted varies depending on the employer.

Not every single employer is covered. For example, employers who use only bona fide volunteers – meaning volunteers who donate their time for public service, religious or humanitarian objectives — need not comply with posting requirements set for the Fair Labor Standards Act.

Another quick note about the Fair Labor Standards Act notice requirement: The fact that the notice prominently features the federal hourly minimum wage does not mean covered employers can skip posting the notice because all their employees work on a commission basis. Instead, the notice must still be provided.

Figuring out which notices to post under federal law is a good start, but it doesn’t finish the job.

That’s because individual states and localities sometimes add their own specific requirements regarding what notices must be posted in the workplace.

If a state law gives employees more protection than federal law, that doesn’t necessarily mean posting of the less favorable federal requirement is excused.

For example, let’s say your state’s minimum hourly wage is higher than the federal minimum. Let’s further suppose that your state requires you to post a notice about the state’s minimum wage requirements.

In this example, employers covered by the federal law and the state law must post notices regarding both, even though the state law provides for a higher minimum wage to employees. It can’t skip the federal notice, even though the federal minimum wage is lower than the state notice.

This example illustrates how dangerous it can be to make assumptions about what’s required and what’s not – even when those assumptions seem to make pretty good sense.

Labor Law Frequently Asked Questions

• Are labor law posters required?

There are many federal, state and local laws that require employers to post notices to their employees regarding a number of different employee protections. Most employers are required to post notices regarding at least one of these laws. The requirements vary depending on many factors, including the size of the employer, its location, and whether it is a federal contractor.

• Where do labor law posters need to be posted?

Notices should be prominently and conspicuously placed in a readily accessible area so that employees can observe them easily. A lunch room or break room is usually a good place to post notices. Depending on the configuration of the workplace, it may be best to post them in a kitchen or near a time clock. Think of it this way: Where can I post these notices so that employees will see them?

Here is more detailed information on where and how to place notices regarding federal law requirement, courtesy of the U.S. Department of Labor. The following material regarding proper posting locations is excerpted directly from the DOL’s website.

The specific location requirements for each federal workplace poster are:

1. The Fair Labor Standards Act (FLSA) Poster (Minimum Wage Poster) must be displayed/posted by employers in a conspicuous place in all of their establishments so as to permit employees to readily read it.
2. The Family and Medical Leave Act (FMLA) Poster must be displayed in a conspicuous place where employees and applicants for employment can see it. If an employer is covered by the FMLA, a poster must be displayed at all locations, even those where there are no FMLA eligible employees.
3. The Occupational Safety and Health Act (OSHA) Poster: Job Safety & Health Protection Poster must be displayed in a conspicuous place where employees can see it.
4. The Davis-Bacon Act Poster must be posted at the site of the work in a prominent and accessible place where it may be easily seen by employees.
5. The Employee Rights for Workers with Disabilities/Special Minimum Wage Poster (Fair Labor Standards Act, McNamara-O’Hara Service Contract Act and Walsh-Healey Public Contracts Act) shall be posted in a conspicuous place on the employer’s premises where employees and the parents or guardians of workers with disabilities can readily see it.
6. The Equal Employment Opportunity (EEO) Poster (“Equal Employment Opportunity is the Law”) must be posted in conspicuous places available to employees and applicants for employment.
7. The Employee Polygraph Protection Act (EPPA) Poster must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment.
8. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Poster must be posted at the place of employment in a conspicuous place readily accessible to the workers.
9. The Uniformed Services Employment and Reemployment Rights Act (USERRA) Notice/Poster (PDF) (“Your Rights under USERRA”) is to be posted where notices to employees are customarily placed. However, employers are free to provide the notice in other ways that will minimize costs while ensuring that the full text of the notice is provided, e.g., by distributing the notice to employees by direct handling, mailing, or via electronic mail.
10. The Executive Order 13496: Notification of Employee Rights Under Federal Labor Laws poster must be posted by covered Federal contractors and subcontractors conspicuously in plants and offices where private sector employees perform contract-related activity, including all places where notices to employees are customarily posted both physically and electronically. This requires widespread posting that is prominent and readily observable throughout the contractor’s plants and offices. Among these locations is placement where other employee notices are posted, which is not limited to Federally mandated legal notices, but also includes notices to employees regarding the terms and conditions of their employment. A contractor or subcontractor that customarily posts notices to employees electronically must display prominently a link to the poster on any website that it maintains and customarily uses for notices to employees about terms and conditions of employment. The text for the link must read: “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers” and it must link to the Employee Rights Poster.
11. The Service Contract Act/Walsh-Healey Public Contracts Act (Employee Rights on Government Contracts Poster) must be posted in a prominent and accessible place where it may be easily seen by employees.
12. The Immigration and Nationality Act (INA) Poster (Employee Rights Under the H-2A Program Poster) must be posted at the place of employment in a conspicuous location where employees can readily see it.

• What notices are employers required to post?

There are many federal, state and local laws that require employers to post notices to their employees regarding a number of different employee protections. Most employers are required to post notices regarding at least one of these laws. The requirements vary depending on many factors, including the size of the employer, its location, and whether it is a federal contractor.

• Do I have to post labor law posters if I have no employees?

Having no employees does not let employers completely off the hook when it comes to posting notices.

That’s because some laws require the posting of notices for the benefit of applicants.

For example, covered employers must post notices regarding the Family and Medical Leave Act and the Employee Polygraph Protection Act where they can be seen by applicants.

In addition, an Equal Employment Opportunity poster must be visible to job applicants.

A separate posting requirement for applicant exists for certain federal contractors and subcontractors who are covered by Executive Order 11246, which bars discrimination and requires affirmative action.

• Can I get labor law posters for free?

The federal Department of Labor makes posters available for free, but those posters will not necessarily meet the requirements of any corresponding state and local laws that might also apply.

Whether states and localities offer free posters depends on location. You can also check with your specific state and locality to make sure you have everything you need.

Many employers find it worthwhile to pay for a poster that conveniently incorporates all required notices into a single document. Many private services offer this benefit for a fee.

• Can we use electronic labor law posters to meet posting requirements?

It depends on which posting requirement is at issue, but the answer is usually no.

Most posting requirements generated by federal law require physical posting. Exceptions include posting requirements of the Family and Medical Leave Act and notice requirements applicable to employers who participate in the H-1B visa program.

As a practical matter, it makes little sense to avoid physically posting notice requirements even when electronic posting is permitted. Employers covered by any posting requirement at all should physically post notice regarding all statutes that cover them – even if electronic posting is OK.

Why? Because if you are already putting up an all-in-one poster (that is, a poster that covers all the laws that require the physical posting of notice), it’s a simple and efficient move to add notices that can also be posted electronically.