Labor law posters are official notices that employers are legally obligated to display. These posters inform employees of their rights and protections under various federal, state, and local employment laws. These requirements apply to nearly all businesses with a physical location and at least one employee, serving as a mechanism for transparency and compliance. Failure to maintain these notices is a violation of law that carries significant financial and legal risk.
The Fundamental Requirement for Labor Law Posters
The requirement to post labor law notices is broadly applicable across the United States, extending to virtually every employer. This obligation begins with the threshold of employing just one person, whether that individual is full-time, part-time, or seasonal. Any business considered a “covered employer” under major federal statutes, such as the Fair Labor Standards Act (FLSA), must display the relevant notices. The posting requirement is not determined by the size of a company in all cases, though some specific posters only apply to employers meeting a certain employee count. This means a small business is just as responsible for basic compliance as a large corporation.
Mandatory Federal Posting Requirements
Employers are subject to several mandatory federal posting requirements, each designed to protect specific employee rights. These notices are typically available free of charge directly from issuing federal agencies, such as the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC). Displaying them is the official method for informing the workforce about their rights under federal statutes.
One foundational requirement is the Fair Labor Standards Act (FLSA) poster, which outlines federal minimum wage, overtime pay standards, and child labor laws. The Occupational Safety and Health Administration (OSHA) requires the “Job Safety and Health: It’s the Law” poster, which details an employee’s right to a safe workplace and how to report hazards without fear of retaliation. The “Know Your Rights: Workplace Discrimination is Illegal” poster from the EEOC summarizes federal protections against discrimination based on characteristics like race, sex, and religion.
Other federal notices are required based on the size or nature of the business. The Family and Medical Leave Act (FMLA) poster must be displayed by employers with 50 or more employees within a 75-mile radius, detailing employee entitlements to job-protected leave. Additionally, the Employee Polygraph Protection Act (EPPA) notice informs employees that private employers generally cannot require lie detector tests for pre-employment screening or during employment. The Uniformed Services Employment and Reemployment Rights Act (USERRA) notice must also be posted, covering rights related to military service and reemployment.
State and Local Posting Requirements
Compliance with federal mandates is only the first step, as state and local governments impose their own separate posting obligations. State laws often provide greater benefits or protections than federal law, requiring employers to display notices that reflect these local standards. These posters communicate state-specific regulations on topics like unemployment insurance, workers’ compensation, and state-level minimum wage rates that may be higher than the federal floor.
State labor departments frequently require posters covering state-specific anti-discrimination laws, which can extend protections to categories not covered by federal law. Furthermore, many states require notices concerning topics like state-mandated paid sick leave, payday schedules, or specific child labor restrictions. The complexity is compounded by city and county ordinances, which often require additional postings for local laws such as higher municipal minimum wages or local paid family leave programs.
The need for a state and local compliance review is constant because these requirements change independently of federal law. Employers must actively monitor the official websites of their state’s labor department and any local municipal agencies to identify all required notices. Businesses with locations in multiple states or various cities must ensure that each physical worksite displays the unique combination of federal, state, and local posters relevant to that specific jurisdiction.
Maintaining Compliance and Posting Logistics
To be legally compliant, labor law posters must be displayed in a “conspicuous location” where employees can easily and continuously view them during the workday. This typically means placing the posters in common areas such as break rooms, employee cafeterias, or near time clocks where all employees congregate. The notices must be displayed legibly and at a height where they are easily read, and in some cases, if a significant portion of the workforce is not proficient in English, the posters must be provided in other languages.
A significant challenge for modern businesses is maintaining compliance for a remote or hybrid workforce that does not regularly visit a physical office. For these employees, the Department of Labor (DOL) permits the use of electronic posting options, provided strict conditions are met. Simply emailing a PDF or a link is often insufficient because the requirement is for “continuous posting” that is readily accessible. Electronic notices must be placed on a company intranet or internal website that employees use regularly, ensuring they can easily locate and review the information.
The critical element of posting logistics is keeping the notices up to date, as labor laws are frequently amended, leading to mandatory revision dates for the posters. An employer must replace a poster when its content changes, not just when the physical poster becomes worn. Many federal, state, and local agencies do not proactively notify businesses of these changes, placing the burden of monitoring and replacement squarely on the employer to ensure they are displaying the most current official version.
Penalties for Non-Compliance
Failing to display the correct, up-to-date labor law posters can result in substantial financial penalties and increased legal risk. The fines for non-compliance are determined by the specific federal law that is violated and are subject to annual increases to account for inflation.
Examples of Federal Penalties
Occupational Safety and Health Act (OSHA): Up to $16,550 per violation.
Employee Polygraph Protection Act (EPPA): Up to $26,262 per violation.
Family and Medical Leave Act (FMLA): Up to $216 per offense.
EEOC “Know Your Rights” Poster: Up to $698 per offense.
These penalties can quickly accumulate if a business has multiple physical locations or if multiple laws are violated simultaneously. Beyond the direct fines, poster non-compliance can weaken an employer’s defense in a related employee lawsuit, potentially exposing the company to liquidated damages or a finding of willful negligence during litigation.