Posting requirements.

Friday, October 24, 2008

Posting requirements. In addition to maintaining pertinent employment records, many federal employment statutes also require that businesses "post" documents which inform employees of their rights under law. The posting requirements typically carry with them civil penalties which may be imposed if an employer fails to adequately apprise its employees of their rights under federal law. While the penalties are ordinarily not substantial, any employer truly interested in complying with recordkeeping requirements will see to it that the company has posted necessary documentary information to apprise company employees of their rights and privileges under both federal and state law. Among the required postings are the following:

1. Discrimination laws (including the Age Discrimination and Employment Act, Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and, for federal contractors, the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Assistance Act and Executive Order 11246) ó each of the discrimination statutes requires a posting concerning statutory protections be in a prominent and accessible place conspicuous to employees and job applicants. There is a consolidated EEO poster which addresses the discrimination provisions and which is commonly used by many employers to "cover all of the bases" concerning the prominent discrimination statutes.

2. Davis-Bacon Act requires that wage scales to be paid on particular jobs be easily readable and accessible in the work site.

3. The Employee Polygraph Protection Act also requires a posting in a prominent conspicuous place readily observable by applicants and employees.

4. Fair Labor Standards Act requires that it be posted in a sufficient number of places to be readily apparent to employees who report to work.

5. Occupational Safety and Health Act requires posting again in a conspicuous location which is easily accessible to all employees. In addition, log summaries detailing totals for injuries and illnesses for each year are required to be posted as annual summaries.

In addition to the most common federal posting requirements, employers should be mindful that each state has their own mandatory record keeping and posting provisions. As an example, where a state has enacted a wage and hour law which is more stringent than federal law, state posting requirements come into play. In each state in which an employer does business, contact should be made with the appropriate government employment agencies or your attorney to ensure that you comply with individual state record keeping and posting requirements as required.
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