Tuesday, May 27, 2008

Are your HR Posters Updated?

The Federal Minimum Wage is going up again in July to $6.55 and the FMLA has changed recently. Your poster's are up-to-date right?

We all get those notices in the mail trying to get us to buy these posters. Sometimes it's hard to know what we are required to post and what is a good idea to post. Do you really need to have those special laminated posters? Well they look nice and they put all of the information in one easy to read poster. But did you know that all of the posters you can get free either off of the DOL's website (www.dol.gov) or off of your states wage and hour website? Do you need them at all? YES.

Why think about employment posters? Two Big Reasons:

1. It's the law. Every employer must have the most up-to-date minimum wage and other posters showing. And when the feds hit your office, they usually head straight for-that's right-your posters. It's a quick and easy way for them to size up your compliance (and often, to levy a quick and easy fine).

2. It's necessary to defend lawsuits. Being able to show that appropriate posters were displayed is essential to defending lawsuits. (Opposing lawyer: "You didn't even care enough about EEO to put up the poster?")

Here's a rundown of the most important federal requirements from BLR. Note that many states have their own poster mandates, so always check state law, too:

Fair Labor Standards Act (FLSA). Employers must display a notice with information for employees on the minimum wage (that's the change that kicks in soon), overtime pay, child labor laws, enforcement of the FLSA, and contact information for the U.S. Department of Labor (DOL). It needs to be up to date, too, especially now that the minimum is going up automatically every 6 months.

Job Safety and Health. Employers engaged in interstate commerce and subject to the requirements of OSHA (and that's pretty nearly everyone) must display a copy of the poster "Job Safety and Health-It's the Law." This poster notifies employees that they are entitled to a workplace free from recognized hazards and explains how to report workplace hazards.

Family and Medical Leave Act (FMLA). Employers with 50 or more workers must display a notice explaining an employee's rights and responsibilities under the FMLA, including eligibility for leave, notice requirements, job protection, health benefit continuation, and contact information for DOL.

Consolidated Equal Employment Opportunity. All employers covered by the federal nondiscrimination and equal employment opportunity (EEO) laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, and laws protecting veterans from discrimination, must display this poster.

Employee Polygraph Protection Act. All employers engaged in interstate commerce (which is defined broadly to include virtually all private employers) must display this poster.

Uniformed Services Employment and Reemployment Rights Act (USERRA). Employers must display the revised USERRA poster titled "Your Rights Under USERRA" that explains the rights, benefits, and obligations of employees covered under USERRA. (There are separate posters for federal and nonfederal employers). With two wars on and veterans returning, this one's especially important these days.

Source: BLR

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