Which Labor Law Posters are Required?

Clearing the path to compliance

Labor and employment laws regulate the treatment of employees, including wage payments, rights to certain types of leave, workplace safety, and prohibitions on discrimination in employment actions, among other areas. Part of compliance with many of these regulations includes posting notices for employees in a conspicuous place.

The Department of Labor (DOL) issued guidance in 2020 regarding posting required labor law posters for both remote and on-site employees. In short, an entirely remote workforce may receive notices electronically, while employers with on-site and remote workers must post both on-site and provide the posters electronically. This creates another compliance predicament for many employers, as they are required to locate, save, and provide all labor law posters electronically. Additionally, the posters must be easy to access and posted on a regular medium where employees generally receive workplace information.

It is common for an employer to be unsure whether all required posters are properly displayed and where to find all the electronic versions. Paid poster services provide “all-in-one” posters containing general state and federal laws. However, with other state and federal posting requirements, as well as county and municipal regulations, it is still extremely likely that certain posters will be overlooked.

The DOL may impose fines for failing to display labor law posters and notices, so it is important to ensure compliance. When providing posters to your remote workers electronically, be sure to provide them in a folder that is easily accessible to everyone. When posting the notices at the workplace, ensure that they are in a common area in a conspicuous place. Break rooms, lunch rooms, or other heavily frequented areas are good choices.

Federal Mandatory Labor Law Postings*

The basic required federal postings can be found on the DOL poster webpage.

The Basic Federal Mandatory postings are:

• Federal Minimum Wage

• Equal Employment Opportunity is the Law

• Job Safety and Health Protection

• Employee Polygraph Protection Act

• Family and Medical Leave Act

• Employee Rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA)

• Employee Rights Under the National Labor Relations Act (unionized workforces and some federal contractors)

*The DOL also offers the FirstStep Poster Advisor helper, which takes an employer through a series of questions to determine if there are additional posters required. It is recommended that all employers use this tool, as certain employers may be required to post additional posters not listed above.

Postings for Federal Contractors*:

All employers (regardless of state) must post the following posters if applicable to their federal contractor status. *You may also find guidance on the DOL poster webpage for federal contractors.

• EEO "Know Your Rights" poster

• Davis-Bacon and related Acts

• McNamara-O’Hara Service Contracts Act

• Worker Rights (Minimum Wage) under Executive Order 13658

• Service Contract Act/Walsh-Healey Public Contracts Act

• National Labor Relations Act
  

Federal contractors and any employers participating in E-Verify:

The E-Verify posters must be posted where applicants can see them, so it would be a good idea to place them in the lobby or another area where applicants frequent. There are two posters that must be displayed: the Participation poster and the Right to Work poster.

State Labor Law Posting Links:

Here is a helpful link to the state labor offices on the DOL website. Many of these offices provide webpages with information on the required postings, as well as links to print them.

New Mexico Labor Law Postings Edwards HR Consulting is based in New Mexico and frequently receives questions about the required postings, so the specific required posters and the link to the page are provided in this article. Fortunately, New Mexico employers can find most of the mandated employment posters on the Department of Workforce Solutions (NMDWS) poster webpage and print them at no charge. (Federal posters may also be printed for free.)

New Mexico Required Postings:

• New Mexico Minimum Wage Act Summary

• Human Rights Act (Anti-Discrimination) Poster

• New Mexico Job Health and Safety Protection (State OSHA)

• Human Trafficking

• New Mexico Workers' Compensation Act Poster, Notice of Accident (NOA) Forms and Fraud Poster

• Unemployment Insurance Notice

• Healthy Workplaces Act (paid sick leave which will be required starting July 2022)

Local Required Posters

NMDWS also provides links to postings required by municipalities and counties at the bottom of the page. Employers are required to post the minimum wage posters, even if they pay more than the minimum wage. Many states have higher minimum wages than the federal minimum wage, and many cities and counties have even higher minimum wages. Pay the minimum wage rate that is most beneficial to the employee.

Although it is not possible to provide a complete listing of required labor law posters for every employer’s situation, the above should help employers find the resources they need. You may download a poster checklist with federal and New Mexico requirements below.

Edwards HR Employment Law Poster Checklist.pdf

Download PDF • 196KB

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Disclaimer: The information provided in this blog is for informational and educational purposes only and should not be construed as legal advice. Laws and regulations vary by jurisdiction and specific circumstances. Employers and individuals should consult with their attorney or qualified legal professional to determine the appropriate course of action for their particular situation.

Roberta Edwards is a Senior HR Consultant with over 20 years of professional experience. Follow Edwards HR Consulting on LinkedIn and Facebook and read more about Roberta here.