MMC, Inc. HR Tip Volume 1 Issue 8

July 2009

Avoid fines by following posting requirements 

Written by: Michele O'Donnell, M.S. Human Resources Management

It is with certain knowledge that fines will be administered to companies who do no follow regulatory compliance procedures. A good example of this situation comes from OSHA. You can be slapped with a fine up to $70,000 for simply not posting the required OSHA – Job Safety & Health poster in your workplace. This is a subject that MMC receives many calls about on a regular basis and this HR Tip will provide general guidance on this issue.

There are many posting requirements that employers must comply with. In addition to the required Federal Postings, your company may have state posting requirements and also industry specific posting requirements. It is important to familiarize yourself with all posting requirements for your business. Below is a list of the current mandatory Federal Postings and their revision/publication information.

Mandatory Federal Postings

• Family and Medical Leave Act (Revised January 2009)
  
• USERRA (Uniformed Services Employment & Reemployment Rights Act) (Publication Date October 2008)
  
• Federal Minimum Wage (Revised June 2007)
• Equal Employment Opportunity (Revised August 2008)
  
• Employee Polygraph Protection Act (Revised June 2003)
  
• OSHA – Job Safety & Health (OSHA 3165-12-06R)  

State posting requirements can be a little harder to come by as many different agencies may have a required posting and there may not be a source that has all of that information combined. In California, the Department of Industrial Relations (DIR) has compiled a list of all postings required by Federal and State agencies; please click on here to review.

If the State(s) you do business in do not have the information readily available many 3rd party vendors’ websites will provide the information on what is required by those states. MMC will soon be providing Federal and State Labor Law Posters in our Online HR Store. However, the first lucky 25 people to make purchase through the store will receive a complimentary Federal Labor Law Poster. ($125 value!)

Please note neither Federal or State laws require an employer purchase posters from certain vendors, nor do they require that the postings be in the all-in-one poster format. The only requirement is that the correct version of the posting be displayed in a location that is accessible to all employees. In almost all cases, each individual posting can be found online and/or requested from the agency requiring the posting for free. The main drawback to posting each item individually is space and the all-in-posters do a very nice job of saving space.

Typically when an agency updates a required posting they provide details on when the posting must be displayed in the workplace. If, for example, your current Federal Minimum Wage has both the old and new rates, there is no need to purchase an updated poster. In the event your current Minimum Wage poster is outdated, you can remain compliant by downloading and printing out the most current version of that single posting and placing it next to the all-in-one poster.

Providing up to date postings is one of the services MMC provides to its clients. Recently, updated Federal Posters were delivered to all our clients.

If you have any questions please give us a call or see our website for more information.

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