Workplace Posters: Mandatory And Optional

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This article covers the federal requirements for posters to be put up in the workplace. Some references are made to industry-specific or state-specific posters, but you’ll need to check with your state labor laws to be sure about all the posters needed in your state and industry.

Key Takeaways:

• The Department of Labor requires that posters explaining employees’ rights and requisite labor laws must be posted in an easily visible location.

• The majority of posters only need to be posted in English, though translations in other languages can be obtained from the Department of Labor. The exception is the explanation of the FMLA poster.

• Failure to comply with the law will likely result in a citation, with the severity depending on which notice you failed to post. Though it’s usually only issued if there’s a failure to correct the problem.

• You can also post informational, inspirational, or safety-focused posters in your workplace.

What Are Workplace Posters?

To state the obvious, workplace posters are posters that are put up in the workplace. Posters of this sort are important because federal law requires that employers apprise employees of their rights. That means that there are a set number of posters that must be displayed in an easily visible location in the workplace.

In addition to this are various other optional posters. These can be posters promoting teamwork, safety, or other values that are important to the company’s culture. They can also be used as decoration, as many inspirational posters will also have an attractive background.

Mandatory Workplace Posters

There are several notices that you have to make sure are easily visible to employees. This usually ends up translating to putting a poster up in the breakroom. This will, of course, depend on the workplace and what sort of work the employees do there, as not all are required to be posted in every workplace.

Here are the posters that the Department of Labor requires to be hung up in the workplace.

• Employee rights under the Fair Labor Standards Act. This poster shows the federal minimum wage and explains other fair labor standards, such as provisions against child labor, requirements for overtime pay, and recordkeeping standards.

  In certain industries, such as agriculture, there are industry-specific posters that may be posted instead.

  This poster doesn’t need to be posted in a language other than English, though it’s recommended if a lot of your workforce speaks a different language.

• Occupational Safety and Health Act. This is the poster that starts with “job safety and health: it’s the law.” The text covers OSHA requirements as well as other laws regarding employee health and safety.

  This poster isn’t required to be posted in any other language than English, though it is recommended if a large number of your workforce speaks a different language. Some states have their own versions of this poster, which may need to be posted in addition to or in place of the federal one.

• Employee rights and responsibilities under the Family and Medical Leave Act. This poster covers employees’ rights under the aegis of this law. Workers are entitled to leave to care for a family member’s or their own health. They must be able to return to the same or equivalent position when they return to work. It also covers maternity leave.

  FMLA requires that employees have a certain number of employees before being subject to this act. If you employ fewer than that number, you aren’t going to be required to post this notice.

  Unlike the previous posters, this notice is required to be posted in a language besides English if a large number of your employees have another language that they prefer.

• Workplace discrimination. This poster usually starts with “know your rights: workplace discrimination is illegal.” It lays out that discrimination based on race, color, religion, national origin, sex, age, or disability is illegal. It also lays out the employee’s rights and who they can report the discrimination to on the poster.

  Only those who work for the government or with government contracts or government saving bonds are required to post this notice.

• Pay transparency nondiscrimination provision. This outlines an employee’s rights to discuss pay. It states that employers aren’t allowed to punish employees who discuss, inquire about, or disclose their own pay or that of another employee or applicant.

  However, those who have access to pay information can’t disclose it without a formal or legal reason. For example, members of the HR department or payroll department can’t disclose someone’s pay information unless there’s a valid legal or investigatory reason.

• Migrant and Seasonal Agricultural Worker Protection Act notice. This explains the rights that migrant and seasonal workers have in agriculture. As implied by the name, only those businesses that deal with agriculture are required to post this information. Failure to post the information can result in a monetary penalty.

• Employee rights for workers with disabilities are paid at special minimum wages. Under certain conditions, workers with disabilities may be paid below the minimum wage. However, employers must inform them and, if applicable, their parent or guardian of this both orally and in writing.

  If the employer has employees of this nature, then they must also post this notice. The Department of Labor has posters in Spanish, Chinese, Russian, Tai, Hmong, Korean and Vietnamese. However, it isn’t required to post it in any other language than English.

• Employee polygraph protection act notice. This poster explains how employees can’t be interviewed or questioned with a polygraph test.

  Any employer whose business is in commerce or goods produced for the purpose of commerce is required to post this notice. The penalties for failing to post this are steep, as the Department of Labor can bring a court action.

  Local, state, and federal governments are exempt from this, as are situations that are covered by the national defense and security exemption.

• Your rights under USERRA. The Uniformed Services Employment and Reemployment Rights Act’s purpose is to protect the jobs of service members called into active duty.

  That would include National Guardsmen and reserve members. As they aren’t on active duty, they will have civilian careers that can be negatively impacted by being called into active duty.

  This notice doesn’t need to be posted with other notices. It does need to be supplied to employees, but it may be done either through mailing, including it in the handbook, or via email.

• Employee rights under the H-2A Program. This is another law that is directly related to agriculture. Only those who hire temporary agricultural workers under H-2A visas are required to post this notice.

• Notice to all employees working on federal or federally financed construction projects. The Davis-Bacon act requires that this poster be put up if you’re a contractor or subcontractor engaged in a contract in excess of $2,000. However, the payment must be for the actual construction, alteration, or repair of a public building.

  As stated in the name of the notice, this only applies if the payment is from a federal source. It doesn’t need to be wholly financed from federal funds, but some part of the funding does need to come from the federal government for this to be relevant.

Optional Workplace Posters

There are countless types of posters that can be posted in the workplace. Once the required posters are put up, whether you choose to post any more is up to your discretion. Most posters of these types fall into three categories:

• Informational. Some postings or posters give additional information on the workplace, machinery, or general rules. These posters are usually related to a particular aspect of the business or explain how something operates.

• Safety. Many workplaces have additional safety posters. Such as the best-known: days without accidents posters. Others will mention safety being important and have some guidelines to remain safe in the workplace.

• Inspirational. These are much more common in office environments. Many of them will have an inspirational saying, mention the virtues of teamwork, or have otherwise encouraging messages. Many of them also feature pretty backgrounds, making them decorations as well.

What types of posters you choose will likely depend on the workplace environment. Places that are more focused on physical labor will typically have more safety-related messages and emphasis, as accidents are more likely to occur than in an office setting.

Workplace Posters FAQ

1. What are the size requirements for federal workplace posters?

   There aren’t any direct size requirements for workplace posters; however, the law states that they must be legible. The Department of Labor recommends a legal pad size for most of their posters, which is 11 by 17. It’s generally better to err on the side of being oversized in order to avoid penalties.

2. How do you post posters if you have a telecommuting workforce?

   As the current labor laws were written before the age of the internet, there isn’t any legal answer to this question; however, it is recommended that a company such as this post all the required information on their company website in an easy-to-access place as a substitute.

   If they do have any employees that work in an office, then they’ll be required to still post the posters in an easily visible location. Having them on the website doesn’t obviate the legal requirements.

3. Is it required to post federal workplace posters in a language other than English?

   The majority of posters are only required to be posted in English. However, the FMLA poster is required to be posted in another language if a large number of the employees prefer a language other than English.

   That being said, it is recommended to post them in other languages if parts of your workforce speak a different language. The Department of Labor has posters in several languages on its website.

4. Do you have to post notices if you have no employees?

   No, you aren’t required to post workplace notices if you don’t have any employees. However, if your business expands and you start hiring employees, then you’d need to post the required notices.

5. Do you have to pay for posters?

   No, you don’t have to pay for the required posters, as the Department of Labor allows you to download them for free. You will need to print them yourself, but there’s no cost for obtaining the template. Otherwise, laminated posters can be ordered from the Department of Labor.

References

1. Workplace Posters – U.S. Department of Labor

Author

Di Doherty

Di has been a writer for more than half her life. Most of her writing so far has been fiction, and she’s gotten short stories published in online magazines Kzine and Silver Blade, as well as a flash fiction piece in the Bookends review. Di graduated from Mary Baldwin College (now University) with a degree in Psychology and Sociology.