How to Make Sure Job Applicants Have Access to Labor Law Posters
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Many Employers Are Unaware: Job Applicants Must Have Access to Labor Law Posters

5/6/2019

You probably know that you must display labor law posters in order to notify employees about their legal rights and responsibilities. However, many employers have a gap in full labor law compliance because they are not aware that job applicants must also have access to certain notices. In fact, of the six mandatory federal postings, four must be displayed in areas where applicants can view them.

If you have job candidates coming into your facility for any reason – whether to fill out an application or participate in an interview – you should display the necessary posters.

Which Posters Must Be Displayed in Applicant Areas?

By law, applicants must be able to view these federal postings in your business:

  • Equal Employment Opportunity Commission (EEOC): This posting covers anti-discrimination provisions and legally protected characteristics.
  • Uniformed Services Employment and Reemployment Rights Act (USERRA): It addresses re-employment after military leave, anti-discrimination provisions and health insurance issues. (Note: This one is recommended as a best practice because the law defines covered individuals to include applicants.)
  • Employee Polygraph Protection Act (EPPA): This notice describes the rules around lie detector tests in employment. This is mandatory even if you don’t use lie detectors.
  • Family and Medical Leave Act (FMLA): It explains employee leave eligibility and benefits, as well as employer responsibilities.

The other two mandatory federal notices do not need to be posted in applicant areas. But there is no legal downside if you do include them. They are:

  • Occupational Safety and Health Administration (OSHA)
  • Fair Labor Standards Act (FLSA)

Online Applicants Also Need Access

Additionally, you need to make sure you’re providing the required postings for online job seekers. Links to electronic versions can be added to where you house your online job application.

Keep in mind – electronic postings are not a substitute for the wall postings. If you have applicants coming into your business, you need physical posters as well.

One Set of Posters Isn’t Always Enough

It’s required that posters be displayed in prominent locations throughout your business where they’re easily accessible to all employees – and applicants. In a small office, you may be able to satisfy this requirement by posting in one location, such a hallway. Larger companies, however, may need more than one posting site to provide access.

To ensure compliance, you should target highly visible areas that get the most traffic. In a large facility, this could mean posting near each entrance, as well as the employee break room and HR department.

Smart Solutions to Close the Compliance Gap

No matter your labor law posting needs, we’ve got you covered. For a low annual fee, you can get all federal, state and local posters your business is required to display. And when mandatory changes occur, you get replacement posters at no additional charge.

For job candidates, several solutions are available. The Poster Guard Applicant Area Solution is an annual subscription that gives you the four required notices plus two recommended postings. One informs applicants that you comply with immigration laws and I-9 requirements. The other states that your workplace is drug-free. This is ideal for companies with a dedicated applicant area or interview room. Again, you will get free replacement posters anytime there is a mandatory government change.

In addition, there is a vinyl adhesive cling format available with the four required notices. This is the perfect choice for applicant kiosks or other small areas.

Finally, the ComplyRight Online Applicant Poster Service offers a convenient solution to meet the labor law posting requirements for online job seekers. This service provides a one-year license for electronic access to the necessary labor law postings. It’s the simplest way to meet this requirement and keep your company in compliance.