Employment Law FAQs
You’ve asked, and we’ve listened! We’ve compiled a list of frequently asked questions and provided answers below.
You’ve asked, and we’ve listened! We’ve compiled a list of frequently asked questions and provided answers below.
Which labor law posters are required for my company?
Employers must display certain federal labor law posters. Depending on where you operate, you may also need state and local posters. Additional requirements can apply based on industry, company size, and locations.
Do I need to replace labor law posters every year?
No. Posters are replaced when a law or agency updates a required posting and marks the change as mandatory. Some jurisdictions update frequently, while others go years without changes. Many employers use a Labor Law Poster Update Program that automatically sends new posters when requirements change.
Do we need to display labor law posters in Spanish?
Spanish posting requirements vary by jurisdiction, law, and agency, as well as your workforce. Employers should consult legal counsel or their labor law poster update program to determine which Spanish posters are required. At the state and local levels there are hundreds of Spanish postings to track. GovDocs offers a Spanish Update Program to help.
Do I need to display labor law posters for remote employees?
Yes. Remote employees must have access to required postings. When employees do not regularly report to an office, providing electronic access via an intranet or by sending copies directly, such as by email, is considered best practice. Check out five steps to avoid noncompliance.
Can I use electronic posters for my physical workplaces?
No. Electronic labor law posters are not a substitute for physically displayed posters in the workplace. Most posting laws do not treat electronic distribution as meeting the display requirement for on-site employees.
Do we need to display employment law posters for job applicants?
Yes. Some required postings must be visible to job applicants, not only current employees. Display applicable posters in areas where applicants may see them, such as reception areas, HR offices, or interview spaces.
Is there a specific place to display labor law posters for employees?
Posters must be displayed in conspicuous places frequented by employees. Common locations include lunchrooms, breakrooms, main hallways, conference rooms, employee lounges, or kitchens. Employers should also consider needs for traveling employees, adequate wall space for shared workspaces, and accommodations for hybrid or remote workforces. Learn more about where employers need to display their labor law posters here.
Can I get labor law poster fines if I do not display my posters?
Yes. Failing to maintain and update required postings at each workplace can lead to findings of noncompliance and potential fines during audits. Penalties vary by jurisdiction, the posting involved, and the agency's discretion.
What happens if I do not post labor law posters?
Employers are required to display certain federal postings and, depending on location, state and local postings as well. Failure to comply can result in fines or penalties based on the applicable jurisdiction.
How can I tell whether my labor law posters are compliant?
Posters are compliant when they contain the most current versions of all required federal, state, and local postings for each business location. Compliance depends on content being current, complete, and visible. Consider: latest version, correct jurisdiction, any required fill-in fields completed, visibility to employees, and any industry-specific postings. Because laws can change at any time, many employers use a poster update service with auditing tools. GovDocs PosterCheck provides a QR code and dashboard to verify delivery and display.
What about labor law poster scams?
Businesses are often targeted by misleading mailings, calls, or emails that appear to be from government agencies, claiming you are out of compliance and must purchase posters immediately. While labor law posters are legally required, no government agency sells or enforces them via unsolicited offers. A trusted compliance partner, such as GovDocs, provides accurate, up-to-date posters automatically when laws change, helping you avoid confusion and unnecessary purchases.
Where can I learn labor law poster definitions and terms?
To simplify the many terms and requirements across jurisdictions, refer to the Labor Law Poster Glossary for clear definitions.
What is the federal minimum wage?
The current federal minimum wage in the United States is $7.25 per hour for covered, nonexempt employees, effective since July 2009. It is set by the U.S. Department of Labor under the Fair Labor Standards Act (FLSA) and applies nationwide.
Which rate applies if federal, state, county, or city minimum wage rates differ?
Employers must pay the higher applicable rate when multiple jurisdictional rates apply. Some roles (for example, tipped employees or certain student workers) may follow different rules. Compliance requires reviewing federal, state, county, and city laws for each location.
Are exempt employees eligible for overtime pay?
No. Under the FLSA, exempt employees meet specific duties tests and are paid on a salary basis above a threshold; they are exempt from overtime requirements and do not receive additional pay for hours worked over 40 in a workweek.
What’s the difference between minimum wage, prevailing wage, and living wage?
Minimum wage is a legally mandated wage floor. Prevailing wage generally refers to rates set for certain public works or government-funded contracts in a locality. Living wage is a non-statutory benchmark representing estimated earnings needed to meet basic living costs in a region.
Can employers, applicants, or employees discuss pay and salaries?
Many jurisdictions have pay transparency requirements that encourage or mandate sharing compensation information. Pay transparency involves clearly communicating pay scales, salary ranges, and related compensation details to candidates and employees. Learn more about pay transparency.
Where can I learn minimum wage definitions and key terms?
See our Minimum Wage Glossary for plain-language definitions and explanations.
What is pay transparency?
Pay transparency is the practice of openly communicating pay-related information to employees, job candidates, and stakeholders to promote pay equity, including sharing salary ranges and compensation details for open roles.
Do employers have to provide paid leave?
There is no single federal law that requires all employers to provide paid leave. Many states, counties, and cities have enacted paid sick leave or paid family and medical leave laws. Employers must comply where applicable.
How does the federal Family and Medical Leave Act work?
The FMLA requires certain employers to provide eligible employees up to 12 weeks of job-protected unpaid leave for specified family and medical reasons, with continuation of group health insurance under the same terms.
We provide more paid sick leave than local laws. What happens then?
Offering more generous benefits than required is allowed. Employers may exceed legal minimums; ensure your policy is clearly documented and consistently applied.
Do employees have to prove they were sick to use paid sick leave?
Many laws allow employers to require documentation (for example, a doctor’s note) after a set number of consecutive days absent, often three or more. Employers generally cannot create unreasonable barriers or require proof for a single day unless allowed by law. Best practice: outline documentation rules in your policy and ensure compliance with federal, state, and local requirements.
Do seasonal workers get paid leave?
Coverage for seasonal, temporary, and part-time workers varies by jurisdiction and by the specific paid leave law. Review applicable laws for each location. For a list of jurisdictions and additional details, see our post: Are seasonal employees eligible for paid leave?
Who is considered a family member when an employee uses paid leave?
Definitions of a family member vary widely by jurisdiction. Examples can include children of any age, spouses, parents, designated or “like family” relationships, and more. Explore examples in our Family Matters Infographic.
Where can I learn leave-related definitions and key terms?
See our Paid Leave Glossary for definitions and explanations across jurisdictions.