Did you know there are over 350 posting laws nationwide? Each posting is required by a different law relating to one or more federal, state, and/or local posting requirements. Noncompliance with posting regulations can lead to expensive fines from government agencies, increased risk of employee lawsuits, and/or the loss of a federal contract if you perform work for a government agency.
The fines for labor law posting noncompliance vary depending on the regulation, but the average penalty for noncompliance is $612.00 per infraction. However, fines can be as much as $14,502.00 for the improper or missing posting of the Job Safety and Health: It’s the Law (OSHA) poster. Don’t let small infractions become costly mistakes. Make note of these 2023 posting changes and save your money to reinvest in your business.
FEDERAL UPDATES
The major mandatory federal poster update for 2023 comes from the EEOC. The poster formerly referred to as “EEOC is the Law” was updated in October 2022, and is now titled “Know Your Rights: Workplace Discrimination is Illegal”. This posting must be displayed when there are 15 or more employees at the worksite. Worksite refers to the building or facility where employees perform the work, so this could include an office, a warehouse, or even a temporary construction site. You must also consider remote workers when posting labor law posters. Since they are not physically working in the onsite workspace, you must provide electronic copies of the labor postings for them. You can upload copies to your company intranet or website or email copes directly to the remote employees.
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Two additional federal posting updates for the coming year affect federal contractors. They relate to minimum wage posters that must be displayed by covered contractors.
Change 1: Minimum wage under Executive Order 13658 shows federal contractor minimum wage increase to $12.15 per hour for 2023.
Change 2: Minimum wage under Executive Order 14026 requires federal contractors subject to this executive order to pay workers a minimum wage of $16.20 per hour beginning January 1, 2023.
STATE UPDATES
In addition, there are more than 20 state labor law posting changes in the coming year. If you are a multi-state employer, it is more challenging to keep up with those changes. You must display required state posters based on where the employees are physically standing or sitting while performing work for the business. For example, if your main office is in Louisiana and you have remote workers in New York and Washington, besides posting the required federal and Louisiana state labor posters at the main office, you must also provide electronic copies of all federal posters to the New York and Washington employees as well as the required state and local postings to each respectively.
Check out this list to see if you have any new state posting requirements for 2023:
- Minimum Wage posting updates:
- Alaska
- Arizona
- California
- Maine
- Maryland
- Minnesota
- Missouri
- Montana
- New Jersey
- New Mexico
- New York
- Ohio
- Rhode Island
- South Dakota
- Vermont
- Virginia
- Washington
- Paid Leave posting updates:
- California
- Colorado
- Illinois
- Massachusetts
- Oregon
- Washington
- Other state posting updates:
- Colorado:
- Overtime & Minimum Pay Standards Order update
- Whistleblowing & Protective Equipment update
- Illinois:
- One Day Rest in Seven Act update
- Child Labor posting update
- Louisiana: Earned Income Credit (EIC) update
- Rhode Island:
- Discrimination law update
- New Pay Equity posting
Additional state labor posting changes are on the way later in 2023 including minimum wage updates for Florida, Nevada, and Oregon. Check the state websites often for information on pending and upcoming updates. If possible, request email notifications from the agencies to help manage changing poster requirements.
WHAT’S NEXT?
Now that you are aware of the changes taking effect next year, here are some things to consider when deciding which posters require updating at your place of business:
- Which changes apply to our business locations?
- How do we get the updated posters?
- How many new posters do we need?
- Where do we need to place these posters?
- Who is in charge of getting the new posters and making sure they are posted properly?
Each year there are a multitude of labor law poster changes, and unfortunately, there is no “one stop shop” where an employer can go to find out what posters need to be updated at any given time. To complicate matters, employment regulations are an ever-changing body of laws and rules, so labor law poster updates can occur at any time throughout the year. Federal, state, and local postings can be found on agency websites. A good place to start is state department of labor websites and other websites that relate to law such as local minimum wage or paid leave sites. Let us help you manage the complicated landscape of employment law posting by making it easier to keep up with annual updates. Ask us about our Poster Elite service today.
