Labor laws impact employers of all sizes and industries. Some of the federal labor laws and many state fair employment laws require covered employers to display workplace posters in their places of business. These workplace posters describe the general provisions of the law, including both employers' and employees' rights and responsibilities. One simple step employers can take to comply with these federal and state laws is to ensure they have the appropriate workplace posters displayed in their business. Compliance with these federal and state posting requirements is as simple as hanging a picture.

But first, it is important for employers to educate their managers on the various federal and state fair employment labor laws in order to prevent noncompliance with the requirements of the laws. Size, in terms of number of employees or annual sales volumes, or the activities of affecting commerce or producing goods for commerce within a business, can determine if an employer falls under the enforcement of these labor laws.

Federal Labor Laws
The schedule on page 34 provides the specific federal employment laws that affect businesses, the size criteria for being a covered employer, and the general protections provided by the laws.

State Labor Laws
States have also adopted similar fair employment practice laws. As with federal labor laws, the size of the employer can determine if an employer falls under the coverage of the state fair employment practice laws. Some state laws establish a lower employee threshold than the federal laws or omit any reference to a minimum. If a state sets no minimum, all employers in that state are covered. Most states have fair employment provisions that are analogous to Title VII, ADEA and ADA. Each state has the authority to set its own unique fair employment practice laws. Some state employment laws expand on the protection offered under federal laws to include protection for individuals based on ancestry, marital status, arrest records, veteran status and sexual orientation. Employers are encouraged to contact their state regulatory entities to determine the specific state laws applicable to their business.

Employers Required To Display Federal Posters
Covered employers are required to display certain posters in the workplace. The schedule on page 35 provides the notices that are required by the various federal regulatory agencies to be displayed in the workplace by employers.

Federal agencies should be contacted to obtain the specific federal notices that must be displayed in a covered employer's place of business. Generally, employers are required to post these federal notices in English. However, if the employer employs Spanish-speaking individuals that cannot read English, federal agencies expect employers to post these notices in Spanish as well.

Employers Required To Display State Posters
Each state will have its own criteria for determining covered employers under the state employment laws. Being a covered employer can also mean that a state poster must be displayed in the employer's workplace. Typically, state posters will include information regarding employee rights and responsibilities with respect to equal employment opportunity, unemployment compensation, wages, paydays, and workers compensation. State agencies should be contacted to obtain the specific state notices that must be displayed in a covered employer's place of business.

Obtaining Posters
Although employers are required by law to post certain notices, these posters are available free from the various state and federal agencies. However, some employers may choose to pay an outside party to do the legwork to provide the required posters. Some of these outside parties combine the five individual federal posters into one large poster encompassing all required federal postings (sometimes called the 5-in-1).

Where To Post Notices In The Workplace
Federal laws require employers to display these posters in a prominent place in the workplace. Something unique to the "EEO is the Law," "Employee Polygraph Protection Act," and "Family and Medical Leave Act" notices is that these posters must be displayed in a conspicuous place in the workplace where both employees and job applicants can readily see them.

Because these notices are required to be displayed where employees and job applicants can view them, it is common to see employers display all federal posters, or the equivalent 5-in-1 poster, in areas where employees and applicants will be exposed to them. Also, any required state posters are typically displayed along with the federal posters. Small Employers Not Necessarily Exempt From Claims Of Unfair Labor Practices

Although some small employers may not fall under the enforcement of some of the federal and state laws, unfair labor practices can still be alleged by another party. A disputant can file a lawsuit claiming an unfair employment practice under a state's "public policy" law. This is why it is so important for employers of all sizes to be knowledgeable of their responsibilities under various laws. At a minimum, an employer's public image should reflect its compliance with federal and state laws by ensuring the proper employment-related posters are properly displayed in their workplace.

This article does not cover every employment and labor law with which an employer must comply nor is it intended to provide legal advice. Employers are encouraged to contact applicable federal and state regulatory agencies to determine specific employment-related postings that may be applicable to them based on their size and the states in which they employ individuals.

Cheryl J. Lopez is vice president of The Whitney Smith Company Inc., a human resources consulting firm based in Fort Worth, Texas. Client assistance is provided across the United States to develop employee handbooks, policy manuals, employee relations guidance to management, training, compensation, benefits and expert witness testimony. The firm's clients are represented in the retail, wholesale, manufacturing, entertainment, energy, automotive, health care, financial, insurance, transportation, public accounting and nonprofit industries.

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