Employers of all sizes are required to display federal, state, and potentially local employment posters at each of their locations. These posters must be displayed in an area visible to all employees, such as a breakroom or entrance. The posting requirements can be tricky when an employer has employees that are working remotely. Federal and state law governs how these remote employees must be able to access these mandatory posters.
Federal employment posters along with state and local posters from Minnesota, North Dakota and South Dakota can now be accessed and printed from the “Forms & Resources” page on our website (https://fpspayroll.com/). Additional resources can be found on the websites of federal, state and local agencies. For example, the U.S. Department of Labor has some great tools available for businesses regarding the federal posting requirements. Employers can access https://www.dol.gov/agencies/whd/posters for more information.
The federal required employment posters are as follows:
- Know Your Rights: Workplace Discrimination is Illegal (released 06/2023)
- Employee Rights Under the Fair Labor Standards Act (released 04/2023)
- Job Safety and Health It’s the Law (released 04/2019)
- Your Employee Rights Under the Family and Medical Leave Act (released 04/2023)
- Employee Rights Employee Polygraph Protections Act (released 02/2022)
- Your Rights Under USERRA (released 04/2017)
While state and local posters are not listed here, they can be accessed on our website. State and local posters will vary based upon where employees are working.
While employment posters must be displayed in an area visible to employees, some posters must also be displayed and available to applicants. For example, employers should be sure to display these posters in a front lobby or interview room so they are clearly visible to all applicants. When job openings are posted online and interviews are conducted remotely, employers should also prominently post the required posters on their website under the heading, “Applicants Have the Rights Under Federal Employment Laws”. The following five federal posters must be displayed and visible to all applicants:
- Your Employee Rights Under the Family and Medical Leave Act
- Know Your Rights: Workplace Discrimination is Illegal
- Employee Rights Employee Polygraph Protections Act
- IER Right to Work (English & Spanish version both required)
- E-Verify Participation (English & Spanish version both required)
Compliance with these posting requirements is crucial. Penalties and fines can be assessed by federal, state and local agencies when a company is deemed to be out of compliance. Federal posting penalties alone can be over $40,000 per location. For example, the 2023 penalties for the following posters are shown below:
- Your Rights Under the Family and Medical Leave Act: $204 per violation
- Job Safety and Health: It’s the Law: $15,625 per violation
- Employee Rights Employee Polygraph Protection Act: $24,793 per violation
- Know Your Rights: Workplace Discrimination is Illegal: $659 per violation
Employers should do the following to avoid posting penalties:
- Display all required posters under federal, state and local laws
- All posters should be prominently placed and should be easily accessible to all employees
- Be sure all federal, state and local posters are up to date
- All posters should be readable and should not be defaced
On occasion, these posters are updated and re-released to the public. It is critical that employers always display the most recent employment posters. As revisions and/or new posters are released, Fronteer Professional Services will notify all clients of the change. In addition, these new posters will be updated on our website under the Forms & Resources page. Federal, state, and local governments have recently released a number of new employment posters. All employers are responsible for reviewing the employment posters which they must always have displayed to ensure they are current and up to date. As the employer, you are responsible for displaying the correct and current posters in a visible place at all times for both employees and applicants. Fronteer Professional Services cannot be held responsible or liable if an employer does not comply with the regulations such as properly displaying the mandated federal, state and local employment posters. Posters found on our website are published in the English language. Many posters are published in languages other than English. If an employer requires posters in other languages, the employer should consult the staff at Fronteer Professional Services regarding this request. Upon request, at no charge, Fronteer Professional Services is happy to print and mail copies of all required posters to clients.