DOL Increases Penalties for Violations of Labor Law Posting Requirements
Most employers are familiar with U.S. Department of Labor’s (DOL) requirement that that they post summaries of applicable federal labor and employment laws in the workplace. Since employers are required to place these posters in a location where they are conspicuous to or clearly seen by employees, they are commonly found in areas such as the employee break room or above the employee time-clock.
Many employers complain that these requirements have become antiquated and irrelevant over the years. However, between the increase in employees working remotely and the DOL’s recent announcement of an increase in fines for non-compliance, employers may need to re-examine their compliance with these federal posting requirements.
The DOL’s newly increased maximum fines for non-compliance with federal posting and notice requirements for specific posters include:
- Job Safety and Health: It’s the Law: $14,502
- Employee Polygraph Protection Act: $23,011
- Family and Medical Leave Act: $189
- EEO is the Law: To Be Determined
The DOL’s increase in maximum fines illustrate that these posting requirements remain on its radar. As a result, employers may want to take a closer look at their current practices to see if they are (1) displaying all of the required posters, (2) in the proper location and (3) readily visible and/or available to all applicants and employees.
For employers required to post several of the federal notices, there are large combination posters available for purchase from various different third parties online. However, it is important to keep in mind that there are specific size requirements for certain posters, such as the Occupational Safety and Health Administration poster and the Notification of Employee Rights Under Federal Labor Laws poster. In order to ensure you have the appropriate posters that comply with the each of these requirements, I would recommend visiting the DOL’s website where all of the applicable posters can be found, downloaded and/or printed free of charge.
Article by Christine Vizcaino
Labor & Employment Practice Area
Sprouse Shrader Smith