Posts Tagged ‘Workplace’

Labor Law 101: Complying with Workplace Posting Requirements

Employees walk by them almost everyday and seemingly pay no attention, but they should. They spell out their rights and obligations under national and state employment laws. What are they?

These ubiquitous but overlooked bulletin board and wall hangings are labor law posters that have been mandated for conspicuous display by both the federal and state governments, which means their number, content and details can come in any number of variations. But they all get down to the bottom line of running a business—the safety, welfare and protection of the nation’s working class.

State and federal laws impose numerous requirements and prohibitions on American businesses, but one of the most overlooked obligations for employers is the responsibility to conspicuously post various government labor law notices in the workplace.  The purpose of these labor law posters is to inform employees of their rights under applicable laws and provide information on how to report discrimination, wage and hour violations and other rights infringements to the government.

While many employers do not readily embrace the idea of conspicuously posting information that tells their employees how to bring legal action against them, the obligation to display these notices is explicit in various labor laws and government regulations.  The federal Fair Labor Standards Act (FLSA), for example, includes a provision requiring all covered employers to display the federal minimum wage poster in an area frequented by employees. 

OSHA (Occupational Safety and Health Administration) regulations specifically require employers to post a federal safety and health poster or a state equivalent.  Failure to comply with government labor law posting requirements could lead to citations and fines during an inspection. Fines vary by poster and by enforcing agency, ranging from as low as 0 up to a potential maximum of ,000.  In total, businesses that don’t post these required notices or post outdated information could face combined fines up to ,000 per location.

As a businessperson, you’re probably well aware of the numerous bureaucratic requirements imposed on your business by various enforcing agencies, such as consumer protection laws, record-keeping and financial reporting requirements, and other laws regulating your service or industry. Worrying about posting requirements is a low priority at most businesses.  So how do you ensure worry-free compliance with these mandatory posting requirements to safeguard your business from possible fines? 

Cover All Bases 

The list of posters your company may be required to display could be lengthy depending on what state you conduct business in and how many employees you have.  Unfortunately, researching exactly what to post and where to obtain them can be a frustrating, time-consuming process.  While the Internet is a great tool for conducting this research, be leery of what you find even on government sites, as many agencies clearly explain what they specifically require to be posted but fail to mention that other notices from other agencies are also required. 

Post Conspicuously

Posting the required information in a back room that employees never enter is not enough to ensure compliance.  Government regulations specifically require that the information be displayed in an area frequented by employees during the normal course of the workday.  For many companies, that means posting the mandatory notices next to employee time clocks or in lunch areas.

Additionally, some posters must also be displayed in lobbies or applicant areas, as they describe laws that protect job applicants from unlawful discrimination or harassment.  One example is the federal “Equal Employment Opportunity Is the Law” Notice, published by the EEOC (Equal Employment Opportunity Commission).  

Stay Current

Many employers already have labor law posters conspicuously displayed, but they may be grossly out of date.  These posters are revised frequently by enforcing agencies to reflect law changes, minimum wage increases, court decisions, and new procedural requirements.  The government has no obligation to notify business owners when a mandatory poster is revised, and employers have to take action to stay current. In many cases, having an outdated poster is equivalent to not having anything posted at all.

To keep your labor law information current, you must frequently check government Web sites or contact the agencies directly to inquire about updates.  Since this can be a time-consuming process, many employers choose to pay a nominal fee to a private company (such as Personnel Concepts) to provide them with posting materials and notify them of updates when revisions occur. 

Protect Notices from Alteration, Defacement or Theft

Simply posting the notices on your wall isn’t enough to safeguard your business. Some posting regulations (most notably, OSHA’s posting requirement) specifically require that the posters be protected so they cannot be altered, stolen, or defaced.  Having the posters laminated by a third party or displaying them in a case or glass enclosure are common ways to avoid having posters removed or written on by employees and visitors. 

Ensuring compliance with labor law posting regulations is a critical component to establishing a safe, legal, and fair workplace.   While these posters often become an afterthought to busy employers, they represent a first line of defense against lawsuits and government fines.  By obtaining and conspicuously posting all required notices, keeping them current, and protecting them from damage or theft, you can maintain legal compliance and ensure that your employees are informed about their workplace rights.

More Labor Law Articles

The NCDOL Workplace Labor Law posters

The labor law posters are compulsory for businesses and organizations across America. NCDOL Labor Law Posters are one such type of labor law posters .The NCDOL has made it mandatory that all business institutions in the State of Carolina should put up a copy of the North Carolina Workplace Laws Poster within the premises of the organization in such a place where posters are normally pasted. Usually, these places are where there is a gathering of employees on a daily basis so that they can view these federal and state labor law posters.

 

This particular labor law poster as the name suggests contains necessary information regarding the various health laws, different wage and hour laws, the occupational safety posters and health laws and employment discrimination laws related to employees in the State of Carolina. This poster has two printed sections for the employees to read. In March 2009, the wage and hour section as well as the occupational section was updated for the employees of the state. This keeps the employees well informed about the changes made in the labor laws. These posters can be easily downloaded one by one or together from the internet from the organization’s website by clicking on the related links.

 

Organizations in North Carolina follow the practice of regularly pasting these posters for their employees but then again there are a few businesses that do not strictly follow the rules and such organizations may face legal action against them. It is for the benefit of the employees and they must realize that. The various businesses should have a responsibility towards their employees and labor laws that are implemented should be informed to the employees. The labor law posters benefit both the organizations as well as the employees as it builds better relation between the two parties.

 

As an employee a business concern in North Carolina, it may be helpful for me if I am well informed about the labor laws concerning my workplace. It is necessary that an employee has all the relevant in formation regarding labor laws. They may not be exploited by the organization where they are working and likewise employees should know the rules and regulations in order to work for in an organization.

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