Labor Law Posters for Job Applicants

Labor law posters for job applicants may seem like a relatively straightforward compliance issue.

Yes, there are three federal labor law posters employees must display for job seekers, but other jurisdictions have their own postings that must be displayed. (And many require the E-Verify poster.)

At a high level, employers should be job applicants can view the three federal required posters, and examine jurisdictions where they have locations to ensure they aren’t missing any other required postings.

Labor Law Poster Updates. Simplified.

Labor Law Posters for Job Applicants

The three federal labor law posters that employers must display for applicants are:

• Equal Employment Opportunity (EOO)
• Employee Polygraph Protection Act (EPPA)
• Family and Medical Leave Act (FMLA)

A quick rundown of what employment law rights these posters entail follows.

Equal Employment Opportunity (EOO)

Essentially, the EEO poster informs applicants that employers cannot discriminate against them for several reasons, including sex, disability, age, race, nation of origin and genetics. It includes anti-retaliation language, as well.

The poster also provides information for job seekers who believe they were discriminated against.

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Employee Polygraph Protection Act (EPPA)

The EPPA bars most private employers from a using lie detector test either for pre-employment screening or during the course of employment.

There are exceptions, however, which are outlined on the poster. But even in instances where it is allowed (government jobs or security positions, for example), the law makes clear that certain standards must be met in order to lawfully issue a polygraph test.

Family and Medical Leave Act (FMLA)

The FMLA poster, as would be expected, outlines the law’s requirements, which include:

• Qualifying employers (those with 50 or more workers in a 75-mile radius)
• Eligible employees (those who have worked 12 months and 1,250 hours)
• Qualifying family and medical reasons for use
• Definitions of family members
• Benefits and protections
• Employee leave requests
• Employer responsibilities

These posters must be displayed in a conspicuous area where job seekers can see them.

Lastly, the E-Verify poster is required for federal contractors and employers in certain jurisdictions.

Labor Law Poster Glossary

Online Interviews: Labor Law Poster Guidance

Of course, these days many employers may not conduct in-person interviews. How do employers ensure compliance with the required posters for job applicants?

The U.S. Department of Labor has issued guidance for employers, which acknowledges that federal poster regulations were created before the internet was even used as a vehicle for job seekers. The guidance reads:

Until the regulations are revised, please place a prominent notice on the website where the job postings are listed stating that “Applicants have rights under Federal Employment Laws” and link to the three posters: Family and Medical Leave Act (FMLA) Poster (FMLA regulations were revised to allow for electronic posting as long as such posting otherwise meets the requirements of the regulations.); Equal Employment Opportunity (EEO) Poster; and Employee Polygraph Protection Act (EPPA) Poster. Please note, however, that posting the notice on the employer’s website in this manner is not a substitute for posting these EEO posters in conspicuous places on the employer’s premises where otherwise required.

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Other Posters for Job Applicants

While most employers are likely familiar with the federal posters for job applicants, several jurisdictions have posting requirements to monitor.

A few examples include:

• Flagstaff, Ariz. – non-discrimination
• Los Angeles – fair chance
• New York – whistleblowers
• New Jersey – discrimination in employment
• Philadelphia – fair chance
• San Francisco – salary history
• Wisconsin – fair employment

And, as a reminder, several jurisdictions require employers to display the Right to Work/E-Verify poster.

Conclusion

Labor law poster compliance extends to job applicants as well as current employees.

Employers should ensure their locations are displaying the correct labor law posters for job applicants.

Plus, labor law posters can update at any time of year, always keeping employers on their toes.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.