Federal law requires employers to maintain labor law posters in a conspicuous location in the workplace, and failure to comply can result in harsh civil penalties (which are adjusted for inflation each year). In 2021, penalties range from $178 (Family and Medical Leave Act) to $21,663 (Employee Polygraph Protection Act).
Note that posting requirements vary by statute, and not all employers are covered by each statute. For example, a business with fewer than 50 employees within a 75-mile radius would not be covered by the Family and Medical Leave Act and would not be subject to the Act’s posting requirements.
Employers maintaining remote operations should not assume that electronic notice (i.e., online or through an internal portal) satisfies their obligations. According to Department of Labor guidance, electronic notice is not an acceptable substitute for physical postings in the workplace unless “(1) all of the employer’s employees exclusively work remotely, (2) all employees customarily receive information from the employer via electronic means, and (3) all employees have readily available access to the electronic posting at all times.”
Employers should consider the following suggestions for maintaining compliance:
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