Labor Law Posters

Employment law is an umbrella term that is used to describe a broad range of legal issues associated with employees, employers, and safety conditions in the workplace. An example of this would be how some employment laws may apply to a case involving employment discrimination, while other employment laws may provide guidance when drafting company policies and/or employee handbooks.

The overall purpose of employment law is to protect all of those who are part of the workforce. This includes, but is not limited to:

• Establishing protection for employees who disputing against a colleague, an employer, or a company;
• Ensuring that businesses do not discriminate against prospective job candidates or current employees during the interviewing, hiring, promoting, or terminating processes;
• Granting specific rights to those who are self-employed, or are considered to be independent contractors;
• Ensuring that volunteers and interns are not exposed to sexual harassment, discrimination, and/or retaliation in the workplace; and
• Many other topics that are commonly associated with employment rights in general.

It is important to note that employment laws can vary widely by jurisdiction. What this means is that the rights that are protected by one state may not be available as a protection under the laws of another state. Additionally, some issues may be governed by both state and federal employment laws. An example of this would be maternity or pregnancy leave.

According to the federal laws, which are known as the Fair Labor Standards Act (“FLSA”) and the Internal Revenue Code (“IRC”), there are a number of ways in which to classify employees. Specifically, these federal laws divide workers into two main categories of employment: employees and independent contractors. The groups that are included within those categories can then be further broken down into various types of employment.

Some of the most common examples of the different types of employment that a worker’s job can be classified as include:

• Full time or part time employment;
• Seasonal or temporary employment;
• Independent contractors;
• Freelancers;
• Consultants; and/or
• Temporary workers. It is important to note that this type of employment differs from that of a worker who is considered to be a temporary employee.

Being aware of which type of employment an employee is categorized as is important because the kind of employment that a worker secures will determine:

• What kinds of benefits they can receive;
• What rights they have as a worker;
• Whether they qualify for specific, additional benefits; and
• What sort of tasks the employer will be legally tasked with, such as withholding income taxes.

What Are Labor Law Posters? What Labor Law Posters Are Required To Be Posted?

Employers are required to post specific labor law posters in the workplace, which inform employees of their legal rights and protections while in the workplace. Additionally, these posters must be visible to all employees.

In order to comply with the requirements set forth by the Agencies within the Department of Labor, labor law posters must include:

• Notice of the Fair Labor Standards Act or FLSA: The Fair Labor Standards Act (“FLSA”) sets requirements for various aspects of employment. The FLSA determines standards for overtime pay, minimum wage (which will be further discussed below), recordkeeping, and employing minor employees in both the private and public sectors. According to the FLSA, nonexempt workers who are covered by the act are entitled to receive minimum wage pay rates of $7.25 per hour. Minimum wage is the absolute lowest amount that an employer can legally pay an employee for their job, and may be adjusted over time. While minimum wage can vary by state, it cannot fall below the federal minimum wage.
  • Additionally, unless an employee is exempt from the FLSA’s overtime requirements, they must be paid 1.5 times their regular hourly pay rate for any work hour exceeding the 40 hour work week. The FLSA provides protections for minors who are aged 14 to 17 years old under its child labor regulations, which include restrictions on maximum work hours as well as a listing of occupations that are considered to be too hazardous for minors to perform;
• Family Medical Leave Act or FMLA: The Family and Medical Leave Act, or “FMLA,” is a federal labor law that requires covered employers to provide their employees with job protected and unpaid leave for qualified medical and family circumstances. The Act may continue the unpaid leave for up to twelve weeks. Additionally, the Act requires that covered employers preserve the health benefits for all eligible workers as if they were still actively working; during this time, the employee’s position is protected, and they may not be terminated.
  • As a federal law, the Act preempts state laws, even if those laws conflict with each other. What this means is that employees in states offering little to no family and medical leave could still be protected under the FMLA. Some states may have laws which provide more coverage than the FMLA; however, most states do not provide more leave than what is required by federal law;
• OSHA Job Safety and Health Act: “OSHA,” or the Occupational Safety and Health Administration, is an agency from the Department of Labor. It is responsible for ensuring safety at work for all employees, as well as a healthy work environment. OSHA’s mission is to prevent work-related injuries, illnesses, and deaths by requiring employers to provide their employees with working conditions that are free of known dangers;
• Federal Minimum Wage: In order to prevent injustices associated with wages and work conditions, each state sets its own standards and rules for these issues. To reiterate, the federal minimum wage set by the FLSA is currently $7.25 per hour. However, each state has set their own minimum wage laws; as such, an employee is entitled to receive the higher wage. Some cities and counties have “living wage” laws which set a higher minimum wage, apply to the companies that are conducting business in the local area or government.
  • Under such circumstances, the employer must pay the highest minimum wage whether it is federal, state or local. While federal minimum wage determines the hourly rate, employers do not need to pay employees by the hour. Meaning, as long as the total amount paid divided by the total number of hours worked equals at least the minimum wage, it is legally compatible. A federal minimum wage poster is only required if employees are subject to minimum wage provisions; and
• Sexual Harassment: Sexual harassment in the workplace can take many forms, including but not limited to unwanted sexual advances and remarks. Whether sexual harassment rises to the level of a hostile work environment largely depends on the individual factors of the case. Additionally, many states have statutes and regulations that forbid sexual harassment in the workplace, which provide protection in addition to protections provided at the federal level. Displaying sexual harassment posters is only required in specific states.

The Department of Labor may require that other posters be displayed to employees. An example of this would be how specific employers may have posting requirements that only apply to them, due to the nature of their business.

Do I Need An Attorney For Issues Associated With Labor Law Posters?

If you are running a business and have questions associated with labor law posters, you should consult with an experienced and local labor lawyer.

An attorney will be best suited to helping you remain in compliance with both state laws and OSHA. Additionally, an attorney will also be able to represent you in court, as needed.