May 20, 2018
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NERD ALERT! This episode covers all those little posters and postings that have to be displayed in the workplace. Most public and private employers fall under at least some posting requirements under federal, state, and/or local government laws, regulations, and/or executive orders. These workplace posters (also known as labor law posters or notices) are generally meant to make employees aware of their rights under certain laws or executive orders, or otherwise, impart information about the employer and/or the law or executive order.
Employers need to be aware of the posting requirements that apply to them, as not having the appropriate information posted for employees may result in citations and fines. Some of these posting requirements have penalties associated with them for noncompliance. Failure to post federal employment law posters can potentially result in fines of over $32,000.
In addition, it is important to be in compliance with posting regulations because the posters can help an employer prove that it has made employees aware of their rights under the law. Courts have ruled that failing to display a poster can extend the amount of time an employee has to sue for damages.
The posters that a private or public employer needs to display will depend on its location, the number of employees who work for the employer, the industry type, and/or the contracts under which it performs work. The scope and applicability are specified in the posting law, regulation, or executive order.
The federal government enforces workplace posters under the following regulations and executive orders (I only cover a few in the episode):
8 CFR 214 — Nonimmigrant classes
9 CFR 381 — Poultry products inspection regulations
20 CFR 655 — Temporary employment of foreign workers in the United States
20 CFR 658 — Administrative provisions governing the job service system
20 CFR 1002 — Regulations under the uniformed services employment and reemployment rights act of 1994
23 CFR 635 — Construction and maintenance
29 CFR 4 — Labor standards for federal service contracts
29 CFR 5 — Labor standards provisions applicable to contracts covering federally financed and assisted construction (also Labor standards provisions applicable to nonconstruction contracts subject to the contract work hours and safety standards act)
29 CFR 10 — Establishing a minimum wage for contractors
29 CFR 13 — Establishing paid sick leave for federal contractors
29 CFR 24 — Procedures for the handling of retaliation complaints under the employee protection provisions of six environmental statutes and section 211 of the energy reorganization act of 1974, as amended
29 CFR 471 — Obligations of federal contractors and subcontractors; Notification of employee rights under federal labor laws
29 CFR 500 — Migrant and seasonal agricultural worker protection
29 CFR 501 — Enforcement of contractual obligations for temporary alien agricultural workers admitted under section 218 of the immigration and nationality act
29 CFR 516 — Records to be kept by employees
29 CFR 525 — Employment of workers with disabilities under special certificates
29 CFR 801 — Application of the employee polygraph protection act of 1988
29 CFR 825 — The family and medical leave act of 1993
29 CFR 1601 — Procedural regulations
29 CFR 1627 — Records to be made or kept relating to age notices to be posted
29 CFR 1635 — Genetic information nondiscrimination act of 2008
29 CFR 1903 — Inspections, citations, and proposed penalties
29 CFR 1904 — Recording and reporting occupational injuries and illnesses
29 CFR 1960 — Basic program elements for federal employee occupational safety and health programs and related matters
41 CFR 60-1 — Obligations of contractors and subcontractors
Executive Order 13495 — Nondisplacement of qualified workers under service contracts
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