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The government requires labor law posters to be displayed in
the workplace but does not mandate a precise number of postings nor their
locations. Beyond stating that they must be “prominent,” “accessible” and “conspicuous,”
no detailed instructions or requirements are given by the government agencies
as to location and quantity. Plus, there is no single government agency
overseeing postings; the responsibility is delegated to individual agencies and
is often given in tandem with a specific law or regulation.
Each governing agency (and regulation) utilizes slightly
different language. For example, the Equal Employment Opportunity (EEO) law
states, “Such notice must be posted in prominent and accessible places where
notices to employees, applicants and members are customarily maintained. The Occupational
Safety and Health Administration (OSHA) says, “Such notice or notices shall be
posted by the employer in such establishment in a conspicuous place or places
where notices to employees are customarily posted.” The Employee Polygraph Protection Act (EPPA) concludes, “Such notice must be posted in a prominent and
conspicuous place in every establishment of the employer where it can be
readily seen by employees and applicants for employment…” Similarly imprecise
statements regarding postings placement are made in the Fair Labor Standards Act (FLSA),
the Family and Medical Leave Act
(FMLA) and The Uniformed
Services Employment and Reemployment Rights Act (USERRA).
Given this absence of specifics, good judgment is required.
Where to post? Here are a few suggestions: Postings cannot be hidden or placed
exclusively in inaccessible, private otherwise obscured areas. They needn’t be
displayed in every common area but multiple postings in several locations in
each company facility, ensuring exposure to all employees and applicants, is
A breakroom is a great spot for employers to view labor law
postings, for example. Depending upon each building’s layout, employee locker
rooms, time clock locations, dining and vending machine areas, HR offices and
other high traffic spots are ideal places for postings.
Postings should be readily accessible in every building
and/or location with employees and applicants. It’s also recommended, as a rule
of thumb, to have at least one posting display site per 100 employees and
depending on the size of each facility, at least one posting display site per
20,000 square feet.