Smart Benefits: Post or Pay: What You Need to Know About Poster Requirements

Monday, February 11, 2019

Rob Calise, GoLocalWorcester Business/Health Expert

Rob Calise

Most businesses know they have to hang labor law posters but the requirements can be confusing, and noncompliance costly. For instance, failing to meet OSHA’s posting requirements can now result in a fine of up to $13,260 per violation.

Here are some of the rules you need to know about mandated posters common in the workplace.

FLSA: Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act (FLSA) must post a notice explain the Act. In addition to the general FLSA poster, certain industries have specific posters, such as employers of agricultural employees, state and local government employees. Employers with worker with disabilities under special minimum wage certificates must also post a special minimum wage poster.
OSHA: Private employers engage in a business affecting commerce must post the “Job Safety and Health: It’s the Law” poster. Those in states operating OSHA-approved state plans should obtain and post the state’s equivalent poster.
FMLA: Public agencies, public and private elementary and secondary schools as well as private employers with 50 or more employees in 20 or more work weeks who are engaged in commerce or any activity affecting commerce must post a notice of employee rights and responsibilities under the Family and Medical Leave Act (FMLA). Willful refusal to post can result in a penalty of up to $100 for each offense.
EEO: Entities holding federal contracts or subcontracts or federally assisted construction contracts of more than $10,000; financial institutions issuing and paying agents for U.S. savings bonds and savings notes; and depositories of federal funds or entities having government bills of lading must post the “Equal Employment Opportunity is the Law” poster in conspicuous places.
OFCCP: Contractors and subcontractors with a single Federal contract or subcontract in excess of $10,000 or who hold contracts or subcontracts with the Federal government in any 12-month period with a total value of more than $10,000 are required to post the Pay Transparency Nondiscrimination Provision. Federal contractors and subcontractors who (1) hold government bills of lading; (2) serve as a depository of Federal funds in any amount; or (3) act as issuing and paying agents for U.S. savings bonds and notes must also post the provision.
MSPA: Agricultural employers, agricultural associations and farm labor contractors subject to the MSPA and who employs any migrant or seasonal agricultural worker(s) must post a poster explaining the rights and protections for workers under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), or risk a civil money penalty.
EPPA: Any employer engaged in or affecting commerce or in the production of goods for commerce must display a poster explaining the Employee Polygraph Protection Act, which generally prevents private employers from using lie detector tests, with certain exceptions.
USERRA: Employers are required to provide to persons covered by USERRA a notice of the rights, benefits, and obligations of the employees and employers under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employers may post the notice titled “Your Rights Under USERRA” where employer notices are customarily placed, or mail or email it.

Rob Calise is the Managing Director, Employee Benefits of The Hilb Group of New England, where he helps clients control the costs of employee benefits by focusing on consumer-driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance