Labor Law Posting FAQs
Priority Number

Labor Law Posting FAQs

Below you will find the answers to your most common questions about labor law posting compliance and how it affects your business.

Q. Do I have to put up labor law posters?

A. By law, all U.S. businesses with at least one employee are required to display certain notices informing employees of their rights in the workplace. These mandatory federal and state labor law postings must appear in conspicuous locations accessible to all employees, such as break rooms, lunch rooms and lounges. Most employee postings must be visible to job applicants, too.

Q. Which postings apply to my company?

A. Federal law requires employers to post six separate employee notices: 1) Federal Minimum Wage, 2) Equal Employment Opportunity (EEO), 3) Occupational Safety and Health Act (OSHA), 4) Family and Medical Leave Act (FMLA,) 5) Employee Polygraph Protection Act (EPPA) and 6) Uniformed Services Employment and Reemployment Rights Act (USERRA).

State employment laws require additional postings, applicable for each state in which you operate. Furthermore, businesses in certain industries (such as healthcare, restaurants, public sector and federal contractors) are responsible for displaying specialized labor law posters.  

Q: I employ several Spanish-speaking employees. Do I need to display postings in Spanish?

A: If you have a significant portion of Spanish-speaking employees, you must post the federal FMLA poster in Spanish (available via our bilingual federal poster). This is the only federal posting out of the six mandatory postings that must be posted in Spanish.

If a state law requires a posting in English and Spanish, the mandatory Spanish posting is included with our English poster sets. Otherwise, Spanish-version postings are highly recommended for employers with a significant number of Spanish-speaking employees. We offer complete bilingual federal/state poster sets for: Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Puerto Rico and Texas.

Q: Some of my employees work remotely. Do I need to share postings with them?

A: The law does not require home-based employees to display posters, but they are entitled to the same information as your on-site workers.  Legal experts recommend that you ensure all employees, no matter where they work, are informed of their employment rights and provided with access to the same content included in federal and state employee postings.  We offer two options for remote workers: a binder that includes all required postings in a convenient, durable format (ideal for kiosk workers or “services on wheels”) or an electronic version that allows home-based and mobile employees to download and view postings from the internet.

Q: I’ve also heard that I need to make postings visible for job applicants. How do I handle that?

A:  In addition to federal and state posters for high-traffic employee areas, you can choose our consolidated Applicant Area Federal Poster for prospective employees to view during the application process. It includes the four necessary federal postings for applicants (EEOC, FMLA, EPPA and USERRA), as well as I-9 (employment eligibility) and drug-free workplace notices.

Q: Our company consists of more than one building. Is it alright to display postings in just the main building?

A: Not necessarily. Displaying postings in only the main building reduces the accessibility to employees who rarely or never visit that building. Most employee notices specify that they should be posted “in an area frequented by all employees on a daily basis.” The same goes for break rooms on multiple floors or areas of the building. Unless all your employees regularly visit one, centralized lunch room, you must display the required postings in each break room.

Q: What happens if my postings are out of date, or if I miss a particular posting?

A: Your business can be fined up to $17,000 per location for failing to comply with federal posting regulations. Noncompliance can also weaken your defense in an employee lawsuit, even extending the statute of limitations in discrimination and FLSA cases.

Q: What is the date on the bottom left corner of the labor law posters I receive?

A: This date reflects the latest mandatory federal or state labor change for the particular revised poster.

Q; Why are your posters laminated?

A: Lamination serves two purposes. First, it prevents your labor law posters from becoming altered or defaced, a requirement under certain labor laws. Second, it increases the durability and longevity of your postings, a particular concern in high-traffic areas like lunch rooms and break rooms.

Q: What is the difference between a mandatory and a non-mandatory change?

A: A mandatory change reflects a significant change to a law, regulation or contact information, requiring either new postings or replacement of outdated ones. A non-mandatory change is usually only a cosmetic change that does not require a poster replacement. Our team of legal researchers monitors more than 350 postings -- issued by 172 federal and state agencies --to determine which labor law changes are mandatory for employers.

Q: Why should I enroll in Poster Guard® Compliance Protection when I can buy labor law posters separately?

A:  Keeping up with mandatory federal and state labor law poster requirements can be challenging, due to frequent regulatory changes. With approximately 75 mandatory changes nationwide per year, and up to 20 mandatory posters required per state, keeping up with posting requirements can be overwhelming.  Since the government doesn’t provide a “one-stop shop” for mandatory posters and doesn’t notify employers when posters change, you’d have to spend significant time and resources keeping up with multiple agencies to maintain compliance. If you operate in a state known for a high volume of changes, the challenge is even greater. Poster Guard® Compliance Protection is a convenient, time-saving solution that provides a free Federal & State Poster Set for immediate compliance, as well as a full year of automatic poster replacements with every mandatory posting change. Plus, the attorney-backed service extends a 100% Compliance Guarantee against fines for improper posting.