Last Updated on May 23, 2022

Mandatory Labor Law Poster Changes

It’s not unusual for business owners to underestimate the importance of posting compliance or to think the risk is so minimal it doesn’t really matter. But this could definitely get them in trouble. In addition, you may have assumed that posting labor posters was sufficient, but did you know that if they aren’t updated they more than likely are not compliant? There were more than 55 changes to labor law posters in 2021, and in 2022 there have already been more than 30 mandatory changes.

Many federal and state laws require employers to provide notice of employment laws to employees by posting labor law posters in the workplace so that employees are informed of their employment rights. If a business has one or more paid employees, then most likely the business will be required to post some labor law posters.

Labor Law Poster Penalties are Rising

The hard truth is that the maximum penalty for federal posting violations has risen to over $38,000 since newly announced increases by the Department of Labor and the Equal Employment Opportunity Commission have gone into effect—highlighting the seriousness of posting compliance.

In 2022, there have been more than 30 mandatory changes to labor law posters and 55 total changes in 2021.

Who are the Poster Police? How Do Penalties Happen?

So, is there a “poster police,” and how will they know if I am following the rules by posting a current labor law poster?

Good question. Here’s our answer: site visits regarding other complaints will lead to questions on labor law awareness.

For example, if an employee files a complaint with the Department of Labor (DOL), claiming an employer didn’t pay them correctly, the DOL’s Wage and Hour Division (WHD) will send an investigator to check it out. During the visit to review this issue, the investigator will check for labor law postings and discover that the poster is not on the premises or not up-to-date.

The business is then fined for non-compliance and, if the case lands in court, a judge could extend the statute of limitations because there’s a question of notification. In other words, you didn’t post the employee’s rights and responsibilities. It is possible that the attorney can argue that the employee didn’t know the timeframe for filing a claim.

Posting compliance is considered proof of “good faith” because it demonstrates that a business takes employment law seriously, and it made efforts to comply with the law.

The Consequences of Violating Labor Laws

It can be terrible if an employer is accused of violating laws such as the Family and Medical Leave Act (FMLA), the FLSA, the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA) or the Uniformed Services Employment and Reemployment Right Act (USERRA).

Not only is litigation expensive, but the statute of limitations can be extended if a court decides an employee wasn’t properly informed of his or her rights. And that’s in addition to any fines related to displaying outdated posters or none at all.

When considering whether having an updated labor poster is important consider this:

• Posting compliance can become a central issue in an employee dispute.
• Penalties can be enhanced if workplace-posting requirements are ignored.
• Employment litigation is on the rise, with an emphasis on posting laws.
• Employees are increasingly aware of their rights and more likely to file suit.

How to Stay Compliant with Labor Law Poster Regulations 

Due to the nature of ongoing changes, it isn’t always easy to ensure your business is compliant with the regulations of Federal, State and industry-specific labor law poster regulations. Many online sources or government websites cannot always be trusted to provide you with a full list of which labor law posters your business may need to obtain.

MyHRConcerige’s Labor Law Poster Compliance Plan

The best thing you can do is to consult companies such as MyHRConcierge® that specialize in labor law compliance and also offer a labor poster compliance plan. Using a company like MyHRConcierge will not only take the anxiety and stress out of having to do all that research yourself, but it will also give you the assurance that your business has all the relevant labor law posters and is compliant with the different labor law poster regulations. By adding the Compliance Plan, if there are any mandatory revisions to State or Federal labor laws within 365 days of your order, you’ll be automatically shipped an updated poster at no extra charge. It’s a great value and the easiest way to stay compliant with changing labor laws.