Some federal, state and local laws require that posters or notices be posted in the workplace which notify applicants and/or employees of their rights under various employment related laws, such as wage and hour, leave protections, child labor, unemployment insurance, discrimination and workplace safety. Posting requirements may vary by jurisdiction, industry or an employer’s status as a federal contractor/subcontractor. To maintain compliance, employers should ensure that when required, they are replacing previous versions of postings with new versions of the applicable postings.
Below are some notable required federal and state labor law posters that had updates in late 2022 or have been added to the list of required postings.
The Know Your Rights: Workplace Discrimination is Illegal posting (in English and Spanish) has been updated as of October 20, 2022, with changes to the poster and posting name, the addition of a QR code, the addition of harassment as a prohibited form of discrimination and clarification on the definition of sex discrimination.
The posting of this notice applies to employers who are federal contractors or subcontractors or any employer who has 15 or more employees. Specific to federal contractors or subcontractors, it should be noted that this updated poster replaces two prior postings: the 2009 “EEO is the Law” poster and the 2015 “EEO is the Law” supplement poster. Of note, federal contractors and subcontractors are still required to post the Pay Transparency Nondiscrimination Provision and include it in employee handbooks and manuals to inform applicants and employees of their rights which are protected by the Office of Federal Contractor Compliance Programs (OFCCP).
State Poster Updates
California updated its Safety & Health Protection on the Job posting (in English and Spanish) with a new worker information phone number.
Connecticut added a Domestic Violence Resources posting to its offering.
District of Columbia
The District of Columbia updated its Paid Family Leave posting with changes to its employee protection section, the number of weeks provided and benefit amount.
New legislation (S.1961B/A3913B) signed by Governor Hochul on Veteran’s Day requires employers to display a poster containing information on veterans’ benefits and services which will be created and distributed by the New York Department of Labor (NY DOL). The law is effective on January 1, 2023.
The requirement to post this notice will apply to employers with more than 50 full-time equivalent employees. Of note, the legislation does not currently define how to determine full-time equivalents.
Once made available by the NY DOL, the poster must be displayed in an area accessible to all employees. The legislation does not explicitly provide alternative methods of compliance for employers with remote workforces. Best practice for employers who do not have any physical locations or who have hybrid workforces, is to provide the notice in an accessible electronic format, taking into account those with disabilities, who may need the notice to be provided in a format that allows them to understand its’ content.
Oregon has added a Paid Leave posting (in English and Spanish) to its offering. Employers are required to post the model notice poster at each worksite and must provide it electronically or by mail to any remote workers by January 1, 2023.
Wyoming has updated its Unemployment Insurance posting and its’ Wyoming Workers’ Compensation Act posting with a new website name and URL. The Wyoming Department of Workforce Services provides these posters as a consolidated package called the Wyoming-Specific Labor Law Posters (for private industry).
State Minimum Wage Poster Updates
Below are some jurisdictions with new minimum wage rates coming at the start of 2023 that will require updated labor law posters at that time.
- South Dakota
Next Steps for Employers
The lists above are not inclusive of all state or local poster updates, so employers should ensure that they review any additional notice requirements under their state or local laws, and, if needed, consult with legal counsel for guidance on compliance with labor poster requirements.
Updated notices should be posted in a prominent, accessible location in the workplace where notices to applicants and employees are customarily posted. Employers may also consider posting notices electronically in a prominent location on its’ website. However, it should be noted that in most cases, electronic posting is not a substitute for the physical posting.
Employers should also know that labor law posters can sometimes lag behind the effective date of the law. As result, employers should monitor government websites or contact their labor law poster vendor for updates.