The cost of failing to display the appropriate employment-law posters in your workplace continues to rise. Under a federal law adopted in 2015, financial penalties that were set in statute years ago but had diminished in impact over time because they were not adjusted to keep pace with inflation, are now updated annually through an inflation adjustment formula.

Employment posters are a fundamental building block of any workplace employment-law compliance effort.

The US Department of Labor (DOL) web site allows employers to download or access free copies of any poster. Employers may also elect to get their posters from a professional poster service for a fee. The benefit of the services is they will regularly update posters based on a change in the law. A quick Internet search will identify many different poster companies.

Compliance

Employers must display compliance posters in places that are well trafficked by employees, so the posters are visible and accessible. The typical location is a place where employees visit daily such as the break room, employee cafeteria, lunchroom, employee lounge, kitchen, or time clock area. They could also be posted near an employee entrance.

If your employees regularly visit one common area or entrance, then all required posters may be placed there. Bear in mind that if you have a large building or corporate campus, posters may have to be placed in more than one location, especially if employees do not move from one building to another during the workday.

Many employers during the pandemic sent posters to remote employees via email or other electronic communications with a request that the employee verify that he or she received and viewed the posters.

Displaying a current poster ensures that the workforce is informed of rights under various employment and labor laws. So, check the date on the poster with the latest version on the website to ensure you have the current poster.

Massachusetts also has a series of employment posters available.

Non-compliance penalties

There is little or no financial penalty for failing to display most Massachusetts employment posters, but some federal posters have significant fines that are subject to annual adjustment.

Examples of some of the fine adjustments include:

• Family and Medical Leave Act (FMLA): $189 (from $178).
• “Job Safety and Health: It’s the Law” (Occupational Safety and Health Act): $14,502 (from $13,653).

• Employee Polygraph Protection Act (EPPA): $23,011 (from $21,663).

The DOL’s annual increases in maximum fines illustrate that posting requirements remain an important compliance measurement.

A quick review of your current posters is time well spent to ensure compliance and to avoid any financial penalties. There is also a list of state and federal websites to download the posters on the back page of the AIM 2022 Employment Law Reference Guide, which is available free to AIM members in the store at aimnet.org.

AIM members with questions about this or any other human-resource matter may contact the AIM Hotline at 800-470-6277.