Postings and Notices: What’s the Difference?

By Kelsey Basten

Published on October 10, 2018

Often, laws are passed with language or rules that state a labor law posting be displayed on the wall. The details of each law will also outline how and where the posting must be displayed, such as a conspicuous area.

However, sometimes a law is passed where employers must only give their employees notice about the law. These are like posting requirements with one key distinction – they don’t specifically state the notice must be posted on the wall.

Instead, they usually give employers a variety of different ways to provide notice. Often, one method is to post the notice on the wall. So, while employers may meet the notice requirement by posting the notice, the physical posting of the notice is not required.

Notice Example: Maryland Healthy Working Families Act

Let’s take a look at the notice, Maryland Healthy Working Families Act. In November 2017, Maryland Governor Larry Hogan vetoed a bill that required certain employers to provide paid sick leave to Maryland employees. The Maryland House of Delegates then overrode the veto Jan. 15, 2018, and the bill became effective Feb. 12, 2018.

The act states employers must provide written notice of the paid sick and safe leave rights to employees. To satisfy this requirement, the Maryland Commissioner of Labor and Industry will provide model notices for employers.

Posting and Notice Example: New York City’s Stop Sexual Harassment Act Notice and Fact Sheet

Another example is the Stop Sexual Harassment Act issued by the New York City Commission on Human Rights. The law requires New York City employers to display the posting, Stop Sexual Harassment Act Notice, and to also give notice to employees.

Although the posting has the word notice in the title, it does not fulfill the notice requirement. Instead, the notice requirement may be fulfilled but is not required, with the New York City Sexual Harassment Fact Sheet. The fact sheet is meant to be given to employees upon hire. Employers can choose not to use the fact sheet if they incorporate all the information outlined in an employee handbook or policy distributed to employees.

Now that you know the differences between postings and notices, you’re another step closer to becoming a compliance expert! For more compliance tools, visit GovDocs’ Resources.