|
Sources for Minimum Wage, Labor Posters |
You or someone in your workplace has gotten an official-looking notice in the mail, or by e-mail.
It warns: "Avoid fines of up to $10,000 for Non-compliance. It's the law! New minimum wage law requires all employers to post the new mandatory poster now! Order your mandatory federal and state posters now. Order from..."
|
Another Poster Scare |
| Restaurant, convenience store, and other food service employers recently were getting alarming warnings to put up proper hand washing posters...or risk big fines.
The warnings came in the mail. They looked official, like they came from some government agency.
Actually, they were clever sales efforts from a firm calling itself the Mandatory Poster Agency.
The Associated Press recently reported that eight states initiated action against the company to force it to change its marketing practices and to give refunds to businesses that were tricked into buying posters by the misleading sales approach.
The Attorney General's office in Tennessee, for example, in announcing it had reached an agreement with the Mandatory Poster Agency, stated: "The Attorney General's office alleged that the mailers were deceptive because they appeared to be from a governmental agency... The company is also required to inform potential customers it is not a government agency and that the posters may be obtained free of charge from the government."
The Utah Department of Commerce cited the Mandatory Poster Agency for violating the state's Consumer Sales Act. Francine Giani, executive director of the Utah Department of Commerce, stated the company "created a web of lies to make Utah grocery stores think their hand-washing safety posters were required by the State of Utah." | Even though you or your business might be getting such frightening notices warning that you must buy and display new labor law posters by July 24...you can relax.
Yes...there's a new federal minimum wage starting July 24.
And yes, all employers – even those in states and localities with minimum wages higher than the federal rate – must post the legally required information that includes the new federal minimum wage rate.
But...the poster is available free from the U.S. Labor Department's website at this link: www.dol.gov/osbp/sbrefa/poster/main.htm. Or this link: http://www.dol.gov/elaws/asp/posters/posters.htm. Or at: www.dol.gov/osbp/sbrefa/poster/matrix.htm.
So, let's review some basic questions and answers dealing with labor law notices that employers must post in full view of all applicants and employees:
What's prompting the flurry of warnings urging employers to buy and display new wage posters?
It's the new minimum wage law passed by Congress and signed by President Bush. Effective July 24, 2007, the federally mandated minimum wage increases from $5.15 to $5.85 per hour. It then goes to $6.55 a year later. And goes up again two years later in July 2009, to $7.25. Each time the minimum wage changes, all employers are required to post this new information.
Even though 30 states and the District of Columbia, and some localities, have minimum wage rates higher than the federal rate, employers in those states and localities still must post the federal law requirements.
What types of posters must an employer post in the workplace?
Federal laws require postings on these laws by employers covered by the specific laws:
Fair Labor Standards Act (the minimum wage).
Family and Medical Leave Act (FMLA).
Job Safety & Health Protection (OSHA).
Equal Employment Opportunity Act (anti-discrimination/anti-harassment).
Notice to Employees with Disabilities.
Uniformed Services Employment and Reemployment Rights Act (military-leave rights).
Employee Polygraph Protection Act.
Migrant and Seasonal Agricultural Workers Protection Act.
Federal contractors have additional required postings on these laws, topics:
The Davis-Bacon Act (government construction).
Equal Employment Opportunity.
Beck Poster: Notice of Employee Rights Concerning Payment of Union Dues.
The Service Contract Act.
States also require postings of information based on state laws. Some of the typical state laws and topics for state postings include: State minimum wage, workers compensation, OSHA, child labor, unemployment insurance, and protection from discrimination. Florida, for example, requires four state-law posters while California requires 12 state-law posters.
Some postings, in some states, also must be in Spanish in addition to English.
Where must an employer post these?
Federal and state laws require the employer to display these labor law posters in a prominent place where employees and applicants can readily see them. A typical employer, for example, will display the posters in break rooms where employees will easily see them...and will display the posters in the area or areas where applicants sit to fill in application forms.
Are these posters available only by purchasing them...or where can an employer get them?
The posters are available from several publishers, for a fee, and from government websites without charge.
There are at least two advantages of purchasing posters from a publisher: It's easier and faster to place one order for all the various posters than to find them on the Internet and download them. And the publisher, normally, will alert the employer in the future when there are new required changes and new laws.
Employers can download federally required posters from this web page: www.dol.gov/osbp/sbrefa/poster/main.htm. Or this web page: http://www.dol.gov/elaws/asp/posters/posters.htm. Smaller employers also can check out posters at: www.dol.gov/osbp/sbrefa/poster/matrix.htm.
Find state-specific poster links at: http://www.dol.gov/osbp/statemap.htm.
What's the risk to the employer for not putting up posters, not putting up the current posters, or not posting them in locations where all employees and applicants can see them?
In some instances, state and federal fines can reach $10,000 or more. In addition, failure to post up-to-date signs can make it more difficult for an employer to defend against some employee-initiated legal actions. For example, failure to post information about employee rights and protections in areas of harassment and discrimination can be used by an employee as evidence that the employer failed to adequately inform the employee about and protect the employee from illegal harassment and discrimination.
[NOTE: Information and guidance in this story is intended to provide accurate and helpful information on the subjects covered. It is not intended to provide a legal service for readers' individual needs. For legal guidance in your specific situations, always consult with an attorney who is familiar with employment law and labor issues.]
|
Full Newsletter 
