Do I Need Labor Law Posters? Complete Compliance Guide

Gabrielle Sinacola | Jun 9, 2023

Labor law posters are federal and state documents that contain information about employee rights and responsibilities. Businesses are required to display labor law posters in their place of business and distribute notices electronically to remote workers.

Do I Need Labor Law Posters? Complete Compliance Guide

Do I need labor law posters?

Whether or not you are required to post state and federal labor law posters depends on whether or not you have employees.

If…

  • Your business has at least one employee on payroll (including part-time employees), then you are required to post labor law posters in their place of work.
  • Your business has no employees, then you are not required to post labor law posters.
  • Your business has no employees on payroll but works with contractors, then you are not required to post labor law posters.
  • Your business has no employees on payroll but works with volunteers, then you are not required to post labor law posters

To maintain poster compliance, businesses with employees are required to display up-to-date posters in a conspicuous place 365 days a year.

What if everyone works from home?

Businesses with remote employees are required to distribute labor law notices but don’t need to physically post notices or require employees to post them in their homes. Typically, businesses send digital labor law notices to remote employees.

What labor law posters do I need?

Your business is only required to display labor law posters relevant to the employment laws to which your business is subject. Determining factors include your industry, business size, and your operating jurisdictions.

Federal labor law posters

The US Department of Labor (DOL) provides an online tool that can help business owners determine which posters they are required to post. It also makes these posters available for download. Here are three common types:

  • “Employee Rights and Responsibilities under the Family and Medical Leave Act” (FMLA) poster. If your business is subject to FMLA policies, you are required to display this poster in your place of work. Some small businesses may be exempt from this requirement.
  • “Employee Rights Under the Fair Labor Standards Act (FSLA)” poster. If your business is subject to the FSLA, you are required to display this poster. This poster is sometimes referred to as a minimum wage poster.
  • “Job Safety and Health: It’s the Law” poster. All private employers engaged in business are required to display this poster. This poster is also known as the Occupational Safety and Health Act (OSHA) poster.

You may be subject to additional requirements depending on your industry, types of employees, and the work that you perform. As an example, agricultural businesses that employ migrant or seasonal workers are required to post the Migrant and Seasonal Worker Protection Act poster, and federal contractors (those working on federal construction projects) also face additional requirements.

State labor law posters

Additional labor law posters vary by state according to the state’s employment laws. Consult your state department of labor to determine your posting requirements and obtain posters.

As an example, the North Carolina DOL provides a combined downloadable PDF including all state posters and frequently required federal posters.

labor law posters required for remote workers

Do I have to pay for labor law posters?

You don’t have to pay for labor law posters. Free electronic versions of posters are available from the US DOL and from individual state Departments of Labor.

What are the penalties for not posting labor law posters?

The penalties for not maintaining poster compliance vary by state and poster type. In some cases, fines can be significant. The maximum fine for failing to post an OSHA poster is $15,625 per violation, and failure to abate the issue (i.e., display the required posters in a conspicuous location) can lead to additional fines of $15,625 per day. For willful or disregard or repeated infractions, OSHA may assess fines of up to $156,259 per violation.

How often do I have to update my labor law posters?

Businesses are required to update labor law posters every time there is a change to applicable state or federal labor law. This means that you can’t simply drop a reminder into your calendar to update posters once a year or once a quarter—you need to stay on top of federal and state requirements and update your posters when new regulations go into effect.

Sound daunting? Mosey can help. Mosey’s Notice Board provides a single place for all your remote employees to view mandated labor notices for their location. We automatically add all notices for states where you have employees and update them as requirements change. Since remote employees don’t have a break room, you can use Mosey to generate a link with all of the mandatory notices and posters. Then you can embed it into your Notion page, internal wiki, or handbook.

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