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To avoid massive fines, employers need to stay current regarding labor-law postings. Non-compliance in labor-law postings results from employers failing to adhere to workplace requirements.
Any confusion seems to stem from requirements that vary by statues and locales. But not all employers, such as small businesses regarding the Family and Medical Leave Act (FMLA), have posting requirements.
Here are the most-common posting violations:
1. Failure to give notice to remote employees
Telecommuters must be given access to the companies’ legal responsibilities and their rights as employees.
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If you correctly post the right notices and if your employees visit your workplace three times a month, you’re probably complying with government requirements.
But if your employees visit your workplace less often, you need to send the notices electronically to them.
Note: COVID-19 was the cause for more local and state laws.
2. Failure to post in foreign languages
However, just because you only have English-speaking workers, note the following:
- Regardless of the demographics of your staff, almost 50 percent of the states require labor-law postings in both English and Spanish.
- The FMLA poster must be visible to any Hispanic workers in both English and Spanish.
- Many states require posters be translated to the foreign “primary” language of the employers’ workers.
All of this necessitates checking your local laws to be in compliance.
3. Failure to distribute mandatory handouts to staff
Many regions require companies to personally distribute notifications to employees regarding their rights.
Note: Many of the laws are frequently changing and could affect employees’ pay, pregnancies or leaves of absence.
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Altogether, there as many as 15 required federal notices and 30 or more state or local notices that need to be posted.
See these sources for federal posters: Poster Elaws Advisor, Poster Page or Poster Frequently Asked Questions.
For state posting requirements, check with your State Department of Labor.
From the Coach’s Corner, here are more resources:
HR – Compliance with DOL Rules for Remote Workers — The U.S. Department of Labor (DOL) rules for sending labor-law notices to remote workers mean trouble for your business, if you fail to comply.
When Companies Must Pay Overtime for Commute, Travel— Figuring out how much money to pay your non-exempt employees and when to pay them for commute and travel time is a multifarious matter. Without knowing it, it’s easy for you to become noncompliant with FLSA.
Is a 4-Day or 32-Hour Workweek Ideal for Your Company? — Some American workers are celebrating as the momentum for the four-day workweek is gaining steam in the U.S. That’s true for some large companies, but not for some industries, small businesses and startups.
Make Sure Your Hybrid Workplace Is Successful — Businesses opting for a hybrid approach need to make certain to have a detailed plan to guarantee success. If they don’t plan well, they could suffer from a toxic culture.
Guidance to Save HR, Company Data and Documents — Help your lawyers to adroitly defend your business. Also, you’re less likely to suffer adverse rulings by a judge if opposing attorneys accuse you of altering or destroying documents.
“Employee loyalty begins with employer loyalty. Your employees should know that if they do the job they were hired to do with a reasonable amount of competence and efficiency, you will support them.”
-Harvey Mackay
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