Frederick Thurman

Shumaker, Loop & Kendrick, LLP
Charlotte, NC
www.SLK-Law.com
FThurman@SLK-Law.com
(704) 375-0057

Frederick M. ("Derick") Thurman is a partner in the employment and labor law and litigation practice groups of Shumaker, Loop & Kendrick, LLP. His primary areas of practice are employment law and litigation (representing management). Derick also practices in traditional labor law (representing management); business torts; and general commercial litigation. Derick has extensive experience practicing employment law, labor law and commercial litigation, including appellate briefing and arguments in federal and state courts, jury trials, arbitration, and hearings before various government agencies. His practice also encompasses nonlitigation matters, such as personnel policy drafting and review, employment contract drafting and review, and employment law compliance counseling.

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Have you audited the employee bulletin board in your break room or next to your time clock recently? Have you ever done so? A little time spent seeing what’s there—and what’s missing—will keep you in compliance with North Carolina and federal laws.

Several state and federal laws require employers to post specific employment law-related information, and those laws change frequently.

Step 1: Remove all those handwritten advertisements for free kittens, solicitations for roommates and outdated company softball schedules. Unauthorized postings can cause problems.

Step 2: Spend 10 minutes auditing your posters. You’ll save much grief—and maybe money, too. You can be fined for missing posters, and employees can use it against you.

North Carolina postings

Various state agencies require posters.

• N.C. Department of Labor. All North Carolina employers must conspicuously post the “N.C. Department of Labor OSH Notice to Employees,” addressing workplace safety and health. Also required is the “N.C. Department of Labor Wage and Hour Notice to Employees,” addressing minimum wage, overtime, youth employment and other wage-related issues. These are available free directly from the Department of Labor. Call (800) NC-LABOR (625-2267).

• Industrial Commission. The North Carolina Industrial Commission requires that its Form 17, “N.C. Workers’ Compensation Notice to Injured Workers and Employers,” be prominently posted. This form is available online at www.ic.nc.gov/.

• Employment Security Commission. Most employers must post the ESC’s Form NCUI 524, “Certificate of Coverage and Notice to Workers.” The commission provides this certificate once it determines an employer’s initial unemployment tax liability.

Federal postings

Required federal posters fall into several categories:

• Equal employment opportunity. Both the EEOC and the Office of Federal Contract Compliance Programs (OFCCP) publish a version of “Equal Employment Opportunity is the Law,” which all private employers must post in a place most often frequented by employees and applicants. Either version is acceptable. The EEOC version is available online at www.eeoc.gov/posterform.html. The OFCCP version is at www.dol.gov/esa/ofccp/regs/compliance/posters/ofccpost.htm.

• Minimum wage and overtime. Every employer subject to the Fair Labor Standards Act’s minimum wage provisions must post the Department of Labor’s “Employee Rights Under the Fair Labor Standards Act” poster. Post it conspicuously in all your facilities. It’s available online at www.dol.gov/esa/whd/regs/compliance/posters/flsa.htm.

• FMLA. All employers covered by the FMLA must post Form WHD 1420, “Employee Rights and Responsibilities Under the Family and Medical Leave Act.” Note that this form was substantially revised in January 2009; the latest version is available online at www.dol.gov/esa/whd/regs/compliance/posters/fmla.htm.

Note: Only employers with at least 50 employees within 75 miles of a facility are covered by the FMLA.

• Other laws. All employers must also post the “Employee Polygraph Protection Act Notice”
(www.dol.gov/esa/whd/regs/compliance/posters/eppa.htm) and the “Your Rights Under USERRA” poster (www.dol.gov/vets/programs/userra/userra_federal.pdf).

Other suggested postings

Post your anti-harassment policy, too.

Note that some employers may have additional, more specific posting obligations.For example, federal contractors and employers of agricultural workers should inquire about additional requirements.

Caution: If you decide to buy required posters from private companies instead of obtaining the official versions free from government agencies, it’s still up to you to ensure they are accurate and up-to-date.