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US DOL Workplace Poster Penalties Increasing

Federal, state, and local labor and employments laws require that employers post various notices to notify employees of their rights under various employment and labor laws. The notices must be posted in a prominent location, where they can be easily seen, and that is frequented by all employees. Failure to display the correct federal, state, and local labor and employment law notices can result in penalties, fines, and lawsuits.

Under federal law, the U.S. Department of Labor (DOL) requires employers to post several notices regarding federal labor and employment laws in the workplace. The DOL’s recently increased the maximum fines for non-compliance, as such, employers should ensure that they have and are maintaining the most current labor and employment posters.

The maximum fine amounts for non-compliance with the following federal notice and posting requirements include:

  • Family and Medical Leave Act (FMLA): Increased to $189; previously, $178
  • “Job Safety and Health; It’s the Law”: (Occupational Safety and Health Act): Increased to $14,502; previously, $13,653
  • Employee Polygraph Protection Act (EPPA): Increased to $23,011; previously, $21,663.

Next Steps for Employers

Employers should check for applicable state or local posting requirements, and employers should ensure they are displaying the correct and applicable federal, state and local posters.

Employers should also ensure that those posters are placed in the proper location(s) and that they are accessible to all applicable employees and/or applicants. For those with remote workforces, with the exception of the US DOL and California, many states and localities have not provided guidance on providing posters electronically; however, as a best practice it is recommended that employers provide employees who work off-site in remote locations have a copy of (or electronic access to) required federal and state posters.

How HR Works Can Help

The DOL’s website includes links to the applicable posters which employers may download and print.

HR Works Virtual Helpline or HR Strategic Services clients may also contact the Virtual Helpline at 888-668-1271 or reach out their HR Works Strategic Partner for a list of required federal and state postings.

HR Works, Inc., headquartered in Upsate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.