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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When was the last time you reviewed your company’s bulletin boards in the break room or alongside the time clock? Do they show the correct, updated federal- and state-law posters?

A little time spent seeing what’s there—and what’s missing—will keep you in compliance with state and federal laws. Several state and federal laws require employers to post specific employment law-related information, and those laws do change.

Step 1: Remove all those handwritten advertisements for free kittens, solicitations for roommates and outdated company softball schedules.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 those mistakes against you in court.

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. 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
• The “Your Rights Under USERRA” poster, www.dol.gov/vets/programs/userra/userra_federal.pdf. 

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.

State postings

State employment laws often grant employees additional rights that go beyond federal laws. For that reason, most states also establish their own mandates regarding the state-agency posters that must be displayed in workplaces.

To find links to the required posters in all 50 states, go to the Workplace Posters page at the Business.gov site: www.business.gov/business-law/employment/posters (scroll to bottom of page).

Final notes

If you have a diverse workforce, make sure your posters are available in all native languages. The DOL’s Poster Page (see below) offers posters in Spanish and some other languages.

While plenty of vendors offer slick all-in-one workplace posters, remember that you can download required posters free from government agencies in almost all cases. If you decide to buy posters from private companies, remember that it’s still up to you to ensure they are accurate and up-to-date.

Online resources: workplace posters 

• U.S. Department of Labor Poster Page: www.dol.gov/osbp/sbrefa/poster/matrix.htm
• E-Laws Interactive Poster Advisor: www.dol.gov/elaws/posters.htm
• State posting requirements (links): www.business.gov/business-law/employment/posters (scroll to bottom of page).