TIP OF THE WEEK

7 Workplace Poster Mistakes—And How to Avoid Them 

A number of federal, state, and local laws require employers to post notices in the workplace. Many of these laws dictate the information that must be posted and how. Employers that fail to comply may be subject to fines and other penalties.

The following are some of the most common poster compliance mistakes and helpful tips on how to avoid them:

1. Not knowing which notices to post. Posting requirements can vary by jurisdiction, employer size, industry, business type, status as a government contractor, and other factors. It's important to review federal, state, and local requirements carefully to see which apply to your business. For example, even if your state minimum wage is higher than the federal minimum wage, you must still post the federal minimum wage poster. In addition, when laws change, you should evaluate whether your notice requirements are affected.
   
   Note: Some poster requirements apply to virtually all employers, regardless of state, industry or other factors (e.g. Federal Minimum Wage, Equal Employment Opportunity is the Law, Your Rights under USERRA, Job Safety and Health Protection, and Employee Polygraph Protection Act posters).
   
   
2. Not posting in conspicuous location. Posters must be displayed prominently in places where employees can easily see them, such as break rooms or time clock areas. In addition, some laws (e.g. Employee Polygraph Protection Act, the Family and Medical Leave Act, and Equal Employment Opportunity laws) require notices be displayed so that they are easily visible to both applicants and employees. When deciding where to post, employers should determine which locations are most frequented by applicants and employees, such as reception areas. In some cases, employers may also be required to post a certain notice where other notices are typically provided to employees. For example, effective January 31, 2012, employers covered by the National Labor Relations Act (NLRA) must notify employees of their rights under the NLRA. If covered employers typically post rules and policies on an internet or intranet site, the NLRA rights notice must be posted there in addition to a physical location in the workplace.
   
   Note: Check out next week's Tip, Checklist for Complying with the New NLRA Poster Requirement, for more information on how and when to post the NLRA notice.
   
   
3. Failing to update posters. Laws change regularly, which may require an update to your posters. In addition to substantive changes (e.g. new minimum wage rate), states may make minor revisions (e.g. a change in the agency's contact information). Most posters contain a revision date at the top or bottom of the notice, which will help determine if the most recent notice is posted in your workplace. Employers are urged to check for updates regularly.
   
   
4. Neglecting to post at other worksites. If you have employees at more than one worksite, you are generally required to post required notices at each location. Consider designating one individual at each worksite responsible for ensuring required notices are posted.
   
   
5. Failing to post in other languages when required. Some laws require employers to post employee notices in English as well as other languages. For example, the Family and Leave Act (FMLA) requires employers with 50 or more employees to post an FMLA notice. If their workforce is comprised of a significant portion of workers who are not proficient in English, the notice must also be posted in the language spoken by employees.
   
   
6. Printing incorrect format. Some posters must be printed on certain size paper or in a certain font. For example, reproductions or facsimiles of the Job Safety and Health Protection poster must be printed on paper that is at least 8 1/2 inches by 14 inches and with a font size of at least 10 pt. Whenever the size of this poster increases, the size of the font must also increase accordingly. If you print posters using your own printer, be sure it is set to the proper format.
   
   
7. Failing to address defaced or obscured posters. Employers should take steps to prevent posters from being defaced or covered up by other postings. Consider designating an employee to review workplace postings on a regular basis. If a poster has been defaced or removed, it should be replaced as soon as possible.

Workplace posting requirements vary by federal, state, and local law, so it is important for employers to carefully evaluate which posters they are required to provide to employees and then ensure that they are posted properly. Required postings for each state are available for download in the State & Federal Resources section of our website.

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