Most employers are familiar with the long-standing U.S. Department of Labor (DOL) requirement to post summaries of applicable federal labor and employment laws in the workplace. As a general matter, employers must place posters where they are conspicuous to or “clearly seen” by employees, often in the break room or employee cafeteria. Providing workers access to posters ensures they are informed of their rights under various employment and labor laws.
Many employers may feel these requirements are antiquated and have become stagnant over the years. Nevertheless, the pandemic’s impact on the remote work environment has sparked some employers to revisit these issues. The DOL’s recent increase of maximum fines for noncompliance may also prompt employers to take a closer look.
The DOL recently increased the maximum fine amounts for noncompliance with certain federal notice and posting requirements, to include the following:
Family and Medical Leave Act (FMLA): $189 (from $ 178)
“Job Safety and Health: It’s the Law” (Occupational Safety and Health Act): $14,502 (from $ 13,653)
Employee Polygraph Protection Act (EPPA): $23,011 (from $ 21,663)
The DOL’s annual increases in maximum fines illustrates that posting requirements remain on its radar. As such, employers may want to be mindful of more specific posting requirements including the following:
Notably, the FMLA poster, Equal Employment Opportunity poster, and Employee Polygraph Protection Act poster must be ...
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