Federal, state, and local agencies require labor law postings to be displayed at work locations. Those respective agencies provide sample postings free of charge online so employers can download and print them in-house.
At first glance, this might seem like a small ask of employers, but things get complex quickly. Postings don’t just update once a year. Agencies requiring them don’t come and stick them on the wall for you. Employers are directly responsible for monitoring updates and displaying each individual posting throughout the year as they come up, and they often have to dig for them to stay in compliance.
How often should Labor Law postings be updated?
It would be simple if employers only needed to change one posting on the same date annually. Unfortunately, posting requirements have become increasingly complex, changing with little notice, and may require immediate replacement.
Depending on which county, and city in which your company conducts business, you could be responsible for updating dozens of postings that change without warning, including topics like state and local minimum wage increases, paid sick leave, health & safety, and more. Also, if most of your employees speak a language other than English, you may have to post translated versions. That’s a lot of wall space to cover.
For example, California alone has had 56 changes to state-wide required postings in the last ten years, an average of 5.6 updates yearly. That’s if you don’t include any local posting changes or federal agency posting updates. You could be responsible for up to 10 or more changes a year as an employer, or several times that if you have multiple work locations.
Falling behind on new postings could become costly to employers
To reiterate, employers are directly responsible for monitoring current federal and state-specific changes to labor law and updating postings accordingly. Non-compliance by failing to post a new regulation posting can cost employers time and money.
There can be very steep fines for non-compliance with posting requirements, potentially up to $35,000 in federal fines plus state or local fines. Potentially worse, failure to communicate labor laws to employees correctly could leave employers liable to lawsuits.
And what about labor law postings for remote workers?
Labor Law postings are required to be displayed at a place of business in areas where employees frequent, the goal being that they are easy to access. How does an employer show a reasonable effort to get required postings to remote workers?
Fortunately, agencies like the DOL that require these postings have begun accepting digital postings provided to employees. However, they still must be readily available and current. It’s important to note that delivering digital postings s to employees does not circumvent the need to provide physical posters for employees who work in person at least 3-4 times a month.
How does an employer make sure an employee has received and viewed an updated posting when they’re in another time zone? Who has time to keep track of all new and updated postings for in-person and remote workers?
The easy route around legislation frustration
California Payroll offers a full-service Labor Law poster solution that compiles the postings your company requires into one poster and delivers it directly to your workplace, ready to be displayed. The poster service includes active monitoring of federal, local, and state legislation updates and automatic replacement posters when needed.
For employers with remote teams, digital labor law posters are becoming a popular and convenient solution. If you utilize our HR software, the Digital Labor Law Poster Center can add current digital posters to your employees’ ESS Kiosk based on their zip code. We can also provide a direct link to administer to applicable employees.
To learn more about the new Digital Labor Law Poster Center and receive a demo, contact a specialist on our website.
This content is provided for general informational purposes as a courtesy and should not be interpreted, taken or construed as guidance or legal advice. California Payroll is not engaged in the practice of law or providing accounting, tax or legal advice. Employers and organizations are encouraged to consult with legal counsel, CPA, financial advisor, and/or a tax advisor to address any specific concerns, risks, or requirements relevant to their jurisdiction and circumstances.
There is much more to learn about labor law poster compliance in California. That’s why we wrote a 10-page guide on the topic and made it free.
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