Given the ever-changing list of employment laws that employers of all different sizes must follow, many may be wondering, do I have to purchase new labor law posters each year? This answer depends and may be a “yes” for some years, and “no” for others. The answer ultimately depends on when the federal government, state legislatures, and OSHA agencies roll out new changes.
So, why is it so important to post labor law posters? Labor law posters define those federal and state employment-related laws that all employers must comply with in their place of business. In addition, employers are responsible for making sure that the posters are posted in an area where all employees have access to read them. So, while this may seem like a simple task, it is one that employers often fail to do in their place of business, or businesses.
To be compliant, every time the federal or state labor laws change, employers must take down the old posters and replace them with a new, up-to-date poster with the updated laws, whether the new change impacts the employer’s business or not. Failure to do this may result in fines, lawsuits, or citations that could easily have been prevented. Complete failure to comply with the federal and state labor law posting requirements may result in combined fines up to $17,000 and potentially more depending on the number of business locations. Employers are required to hang the posters in every location where employees work and in a visible location where all employees are able to read them.
Within the past year, the following poster changes have taken place and require new posters to be put in place of the old, out-of-date, posters. Some of the state changes include the following:
|
State |
Law/Act Updated |
Description |
Mandatory Posting Date |
|
Massachusetts
|
Paid Family and Medical |
New poster with information about the Massachusetts Paid Family and Medical Leave Law and who is covered under this law. |
October 1, 2019 |
|
Indiana |
IOSHA (Occupational Safety |
Updated with a new section pertaining to worker fatalities and the fines associated with each violation that leads to a fatality. |
July, 2019 |
|
Nevada |
|
Several new added posters with updated information on posting requirements, new phone numbers, website and |
July 1, 2019 |
|
Georgia |
Workers’ Compensation Bill of Rights |
Updated with new benefit dollar amounts and a new revision date. |
July 1, 2019 |
|
Maryland |
Minimum Wage |
Updated with new benefit dollar amounts and a new revision date. |
July 1, 2019
|
|
New Jersey |
|
|
July 1, 2019
|
|
Hawaii |
|
Several posters updated with the new Director’s name and revision date. |
July 1, 2019
|
|
Oregon |
|
Revised to include new minimum wage rates and agricultural employees rates effective July 1st for Oregon, Portland Metro and Non-urban Counties. |
July 1, 2019
|
|
District of Columbia (D.C.) |
Paid Family Leave |
Completely new poster for the DC Paid Family Leave Law that explains who is covered by the law and how the program operates. |
July 1, 2019
|
|
Nevada |
|
Updated to reflect a 2019 bulletin date as well as the new Director. |
July 1, 2019
|
|
Kentucky |
Discrimination
|
Poster revised with information about the new Kentucky Pregnant Workers Act notice and the protections the new act provides. |
June 27, 2019
|
|
New York |
Right to Vote
|
Completely new poster outlining the benefits that an employee has on election days. |
June 15, 2019
|
|
Washington |
Summary of Workplace Rights (Your Rights as a Worker) |
Revised to include new information about the Paid Family and Medical Leave which starts on January 1st, 2020 and newly added Equal Pay Opportunity act information. |
June 1, 2019
|
|
Colorado |
Unemployment Insurance |
Completely re-worded notice with new information about who qualifies for unemployment as well as revised contact information. |
May 1, 2019
|
|
Virginia |
Earned Income Tax Credit |
Poster revised with new EITC income threshold as well as a vastly expanded section on who qualifies for EITC and how to claim. |
April 1, 2019
|
|
Florida |
Workers’ Compensation
|
Revised with new fraud reporting website and a new revision date. |
April 1, 2019
|
|
Michigan |
|
|
March 29, 2019
|
|
New Jersey |
Earned Sick Leave |
Revised to include new information about when sick leave is available for use as well as a new website for the NJ Department of Labor and Workforce Development. |
February 26, 2019 |
|
Alaska |
Minimum Wage |
Updated with new 2019 minimum wage rate of $9.89 per hour. |
January 1, 2019
|
|
Arizona |
Minimum Wage |
Updated with new 2019 minimum wage rate of $11.00 per hour. |
January 1, 2019
|
|
Arkansas |
Minimum Wage
|
Revised to include the new minimum wages for 2019, 2020, and 2021. |
January 1, 2019 |
|
California |
|
|
January 1, 2019
|
|
Colorado |
Minimum Wage
|
Revised with new 2019 minimum wage of $11.10 per hour and the new tipped employee minimum wage of $8.08 per hour. |
January 1, 2019
|
|
Delaware |
|
|
January 1, 2019
|
|
Florida |
Minimum Wage
|
Updated to reflect new minimum wage rate of $8.46 per hour effective January 1st, 2019 and new tipped rate of $5.44 per hour. |
January 1, 2019
|
|
Illinois |
Discrimination and Sexual Harassment/Servicemember Employee Rights |
Updated with new Discrimination & Sexual Harassment Notice and expecting another new required notice regarding the Illinois Service Member Employment and Reemployment Rights Act (ISERRA). The law reflects the need to protect our military service members and their right to maintain their civilian jobs while they are serving our country. |
January 1, 2019
|
|
Maine |
Minimum Wage
|
Revised to include new minimum wage of $11.00 per hour, effective January 1, 2019. |
January 1, 2019
|
|
Massachusetts |
Minimum Wage
|
Updated with new 2019 minimum wage rate of $12.00 per hour. |
January 1, 2019 |
|
Minnesota |
Minimum Wage
|
Updated with new 2019 minimum wage rate of $9.86 per hour. |
January 1, 2019
|
|
Missouri |
Minimum Wage
|
Revised to include new 2019 minimum wage rate of $8.60, as well as a reworded section on employee rights and those exempt from the minimum wage law. |
January 1, 2019
|
|
Ohio |
Minimum Wage
|
Updated with new 2019 minimum wage rate of $8.55 per hour. |
January 1, 2019
|
|
Rhode Island |
Minimum Wage
|
Revised to add new 2019 minimum wage of $10.50 per hour as well as several other minor clerical changes. |
January 1, 2019
|
|
New York |
|
|
December 31, 2018
|
|
Wyoming |
Workers’ Compensation
|
Rewording to clarify who must opt in to the Workers Compensation coverage and who can choose to opt in to the coverage. |
October, 2018
|
|
South Carolina |
Discrimination Notice
|
Complete redesign which includes pregnancy as a protected class, new ways to report discrimination and additional EEOC requirements for housing and public accommodations. |
September 14, 2018
|
|
Vermont |
|
|
September, 2018
|
|
New Mexico |
Minimum Wage
|
Complete redesign of poster as well as added language about overtime, tipped workers, damages, retaliation, minimum wage enforcement, local minimum wages, and more. |
September, 2018
|
|
Iowa |
Unemployment Insurance
|
Updated to include new ways to file online and in person as well as revisions to both the website URL and various logos. |
September, 2018
|
|
Oklahoma |
Discrimination Notice
|
Significant rewording on how to file a complaint about discrimination and what classifies discrimination as well as an update to the contact information. |
September, 2018 |
|
Texas |
Notification of the Ombudsman Program |
Updated to remove notification information as well as to add a new logo and revised contact information. |
August, 2018
|
In addition to the poster changes listed above, there are additional changes on either a City and/or County-level that may require additional posters. Staying up-to-date with federal and state employment law updates is time-consuming and may pose a risk to employers. So, there are organizations that provide subscription services to employers to assist them with remaining compliant. An employer is able to choose their respective state, and they will automatically provide the employer with updated posters every time that there is a change in either federal or state employment-related laws. The costs vary from vendor to vendor and for most businesses’, participation is a no-brainer, as the potential penalties for not having compliant posters is much greater than what the subscription service costs.
For additional information on federal and state labor law posting requirements, please contact us at www.NewFocusHR.com.
Written By: Patrick McKenna, SHRM-CP
HR Consultant
08/13/2019
