For Cinco de Mayo, Spanish Labor Law Postings: 5 Things to Know

Cinco de Mayo, more often celebrated in the United States than in Mexico, is a celebration of Mexican-American heritage. In fact, the first celebration was held in Columbia, California all the way back in 1862. This festive holiday gives us the opportunity to highlight one area of employment law compliance that employers tend to overlook — Spanish labor law postings. In honor of the Spanish-speaking employees of America, here are five things to know about labor law postings in Spanish.

Uno – Why Spanish?

An estimated 53 million Americans, about 16 percent, speak Spanish. As of April 2024, GovDocs researchers were tracking nearly 600 Spanish labor law postings across the U.S. Typically, states with more Spanish-speaking residents — California, Texas, etc. — have more of these postings. But in recent years, there has been rise in the number of labor law postings available in Spanish, as well as those required to be displayed. (Labor law postings in other languages have also grown lately.)

Spanish Labor Law Poster Program

Dos – Posting Requirements

Out of those almost 600 Spanish labor law postings, just over half are optional for employers to display. And those that are required to be displayed are often tied to the number of Spanish-speaking workers an employer has on the payroll. For example, California’s posting related to family care and medical leave and pregnancy disability leave is only required for employers with 5 or more workers with at least 10 percent of the workforce speaking Spanish. However, other postings must be displayed regardless of the workforce’s composition. The state’s barbering and cosmetology posting is required for all such businesses licensed by California. Employers should also note that many cities across the U.S. require all employers to display certain types of Spanish labor law postings, minimum wage being a good example. Lastly, many states require these postings for laws related to human trafficking and discrimination.

Tres – E-Verify

One area where Spanish labor law postings are often required is for E-Verify. E-Verify — the federal system used to confirm employees are authorized to work in the U.S. — is a voluntary program for most employers, but mandatory for some, including federal contractors, several states and a city in Nebraska.

Cuatro – Recommended

As mentioned above, many labor law postings are not required to be posted in Spanish. However, most government agencies recommend businesses display Spanish versions of labor law postings, often making them available to employers. There are many reasons why doing so may make sense:

• Workplace safety
• Liability considerations
• Defense against potential litigation
• Creating an inclusive workplace

As of April 2024, 45 states provide agency-translated postings.

Cinco – Puerto Rico

Last on our list of things to know about Spanish labor law postings is that Puerto Rico, a U.S. territory where most of the population speaks Spanish, does not have requirements that postings must be displayed in English. For Employment Law News subscribers and those new to the blog — happy Cinco de Mayo!

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