Which labor law posters are required for my company?

It depends. There are several federal labor law posters that must be displayed by nearly all employers, such as the Fair Labor Standards Act and Uniformed Services Employment and Reemployment Rights Act postings. However, hundreds of local jurisdictions across the U.S. (cities and counties) also issue labor law posters. Determining which posters are required for your company comes down to where you have locations.

Do I need to replace labor law posters every year?

Maybe. Many jurisdictions make regular, annual updates to their posters. But labor law posters can update at any time of year. Organizations that simply purchase new posters on Jan. 1 each year may be buying posters that don’t need and could be noncompliant at other times of the year. Regardless, employers are required to display the most current federal, state and local labor law postings.

Do we need to display labor law posters in Spanish?

It depends on the jurisdictions where you have locations and the nature of your company. If you’re a federal contractor, you must display the E-Verify poster in both English and Spanish. Human trafficking posters in Spanish are often required for only certain types of businesses, such as hotels or airports. Others are only required for companies whose workforce is comprised of a certain number of Spanish-speaking employees.

Do I need to display labor law posters for remote employees?

Remote employees are required by law to have access to all posters pertaining to their employment. Most large employers provide labor law posters to remote and hybrid employees electronically. However, federal officials in late 2020 issued guidance saying that electronic posters supplement but do not replace the statutory and regulatory requirements that employers post a hard-copy notice.

Do we need to display employment law posters for job applicants?

Yes. Employers must display the Family and Medical Leave Act, Know Your Rights: Workplace Discrimination is Illegal and Employee Polygraph Protection Act posters for applicants. Employers have been advised to provide links to these posters for online job applicants.

Is there a specific place to display labor law posters for employees?

Generally, laws regarding labor law posters say they need to be displayed in a “conspicuous place,” such as a common area, break room, conference room, employee lounge, or other area in the workplace that employees frequent.

Can I be fined if I do not display labor law posters?

Yes. And they can be hefty in some instances. For example, the maximum penalty for failing to display the federal Job Safety and Health: It’s the Law from the Occupational Safety and Health Administration poster went up to $14,502 in 2023.

How can I tell whether my labor law posters are compliant?

Most labor law poster vendors include a QR code on their posters that employees can scan to determine whether a poster is compliant.

What about labor law poster scams?

Some unsavory labor law poster providers contact location managers with “urgent” warnings about being noncompliant. These can take many forms, including direct mail invoices, emails or phone calls with legal jargon about fines and even phony audits. Legitimate labor law poster vendors will generally communicate with a company’s corporate official rather than a specific location.

What is the federal minimum wage?

The federal minimum wage is $7.25, with a $2.13 rate for employees who regularly receive tips. It has not been updated since 2009.

How many jurisdictions have a rate higher than the federal minimum wage?

As of August 2023, there are 130 jurisdictions with a rate higher than the federal minimum wage: 31 states (including Washington D.C.), 45 counties and 54 cities.

What if my locations have minimum wage rate laws that differ between federal, state, county and city jurisdictions?

The U.S. Department of Labor states that when a state or local law requires a higher minimum wage, the higher rate applies.

Are exempt employees eligible for overtime pay?

No. Exempt employees are paid on a salary basis rather than hourly wage and are not eligible for overtime pay. However, in order to be considered exempt, these employees must also meet certain “duty-test” requirements and payment thresholds (which differ by jurisdiction). Also note, there are some states that have set  exempt salary thresholds above the one set by the Fair Labor Standards Act.

What is the Fight for $15?

More than a decade ago, hundreds of fast food workers in New York walked off the job, asking for a $15 minimum wage and other improved labor conditions. Since then, dozens of jurisdictions have passed new minimum wage laws. However, with so many jurisdictions already approaching the $15 threshold, the new push is a minimum wage Fight for $20. See also: How Many States Have a $15 Minimum Wage?

What’s the difference between minimum wage, prevailing wage, and living wage?

Minimum wage is the lowest hourly wage an employer must pay an employee for work. Prevailing wage typically refers to the rate of pay contractors and vendors must offer their employees when doing business with a government agency. Living wage is the lowest wage at which the employee and their family can afford the basic costs of living.

Can employees discuss pay and salaries?

Yes. Employers may not prohibit employees from discussing compensation, according to the National Labor Relations Board and a 2014 Executive Order from former President Obama. Further, in recent years, many states have passed pay transparency laws requiring employers to provide pay information in job postings, to current employees at hiring, when an employee changes roles or upon request from an employee.

Do employers have to provide paid leave?

It depends. There is no federal law that requires employers to provide paid leave. However, many states, counties and cities have passed paid sick leave and/or paid family medical leave laws that require certain employers provide paid sick leave or paid family medical leave to their employees.

How many jurisdictions have a paid leave law?

As of August 2023, there are 69 paid leave laws across the country in some form – many jurisdictions have paid sick leave, paid family and medical leave and paid parental leave laws — 2 federal laws, 33 state laws,5 county laws and 29 city ordinances.

How does the federal Family and Medical Leave Act work?

The Family and Medical Leave Act entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage. It applies to employers with 50 or more workers in a 75-mile radius. Is not a paid leave law, though some of its provisions are referenced in paid leave statues.

What’s the difference between paid sick leave and family and medical leave?

While they are similar, the primary difference between the two types of paid leave revolve around the reasons for use and the amount of pay for the leave.

Paid sick leave is typically taken for a short time (a few days) and taken for an employee’s or an employee’s family member’s physical illness, injury or health condition, including preventive care, domestic violence issues, among other reasons. Employees taking paid sick leave are generally paid their regular rate of pay for this time off.

Paid family and medical leave is generally taken for a longer time period (weeks vs days) and can be taken for the employee’s own serious health condition, to care for a family member with a serious health condition, baby bonding, among other reasons. Paid family and medical leave is often funded by payroll taxes from the employer and employees or through insurance programs. Employees taking paid family medical leave are generally paid under a complicated formula outlined in the paid family medical leave law of the jurisdiction.

We provide more paid sick leave than local laws. What happens then?

Generally, nothing. Most paid sick leave laws say employers that provide more paid leave than a statute dictates are exempt from the legislation.

What are some things to know about paid sick leave laws?

They’re all different. Accrual rates, frontloading provisions, the waiting period before use and other items vary across jurisdictions. The nuances of managing paid leave are generally more challenging than other types of employment law.

Do employees have to prove they were sick to use paid sick leave?

It depends. Some jurisdictions are more stringent in their requirements of employees regarding reporting, while others have paid leave laws that can be used for any reason, including Illinois, Nevada, Maine and Bernalillo County, N.M.