Workforce Regulations

RegulationsIt can be tough to stay up to date with all the workforce regulations that affect employers. Following is a list of federal and state posters that Pennsylvania employers are required to display in a conspicuous place for employees to see, plus a few other notices that some employers must provide in addition to the posters. This also helps as a partial list of regulations that affect employers. I’ve attached links to the federal and state websites where you can download and print the posters and notifications. You can also purchase laminated posters that combine many of these individual required postings. It’s important to get these in place and keep them up to date, partly because of your professional obligation as an employer to inform your employees, and partly because fines for not posting can be significant.

Posters Required For All Employers

Minimum Wage Law Poster & Fact Sheet All employers must post a notice summarizing the provisions of the Pennsylvania Minimum Wage Act, Form LLC-1.

Equal Pay Law Form LLC-8 summarizes the Pennsylvania Equal Pay Law which prohibits discrimination in the rate of pay because of gender.

Pennsylvania Child Labor Law All employers of minors under the age of 18 must post the following two posters in a conspicuous area in the workplace: the “Abstract of the Pennsylvania Child Labor Act” (Form LLC-5) and “Hours of Work for Minors Under Eighteen” (Form LLC-17).

Unemployment Compensation All covered employers must post a summary of the Pennsylvania unemployment law, Form UC-700.

Workers’ Compensation All employers must post the Pennsylvania Workers’ Compensation Notice, Form LIBC-500.

Employee Rights Under the Fair Labor Standards Act (FLSA) Federal Minimum Wage, overtime, and child labor standards poster. Every employer covered by the minimum wage provisions of the Fair Labor Standards Act (FLSA) must display the poster in a conspicuous area of the workplace where employees can easily read it.

Equal Employment Opportunity is the Law Consolidated EEO poster—Every employer covered by the non-discrimination and EEO laws is required to post on its premises the EEO poster, “Equal Employment Opportunity is the Law.” This one is supposed to be posted where both employees and job applicants can see it.

PA Equal Opportunity and Fair Practice Notices The Fair Employment poster must be displayed.

Federal OSHA Poster: Job Safety and Health—It’s the Law! Employers covered by the federal Occupational Safety and Health Act must post the “Job Safety and Health—It’s the Law!” poster (OSHA 3165).

No Smoking and Smoking Permitted Area Signs “No Smoking” or “Smoking Permitted” signs must be prominently posted and properly maintained at all entrances.

Pennsylvania Worker and Community Right to Know This notifies employees of hazardous materials used, produced, or stored in the work site. Must be posted by all public-sector employers and private sector employers who are not covered by OSHA. (Most businesses, including farms, are covered by OSHA so this one doesn’t apply to them.)

Your Rights Under USERRA All employers must post a notice in the workplace informing employees of their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Notice of Protection (EPPA) Employee Polygraph Protection Act (EPPA)—Every employer subject to the Act shall post, and keep posted, on its premises a notice explaining the EPPA. This should be displayed for both employees and job applicants to see.

Required for Employers with 50 or More Employees

Family and Medical Leave Act (FMLA) All covered employers are required to display a poster summarizing the Family and Medical Leave Act (FMLA). The poster must be displayed for both employees and job applicants to see. If your workforce includes a significant portion of workers who are not literate in English, the employer is responsible for posting the notice in a language in which the workers are literate. Covered employers are also required to provide FMLA notice in an Employee Handbook or separate notice and to notify any employees of this rule if they request a qualifying leave.

Posters Required For Employers Who Use Migrant and Seasonal Agricultural Workers

Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Each farm labor contractor, agricultural employer and agricultural association that employs any migrant agricultural worker must post in the workplace a poster that explains the rights and protections for workers required under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

Posters Required by Agricultural Employers Hiring Temporary Agricultural Workers with H2-A Visas

Employee Rights under the H2-A Program Employers who hire temporary workers with H2-A visas must put up posters explaining their rights.

Posters Required for Employers Who Use Workers with Disabilities Paid at Special Minimum Wages

Employee Rights for Workers with Disabilities paid at Special Minimum Wages Any employers with workers using special minimum wage certificates authorized under FLSA (section 14c) must put up a poster explaining the rights of these workers.

Mandatory Notices (not posters)

All employers are required to provide these notices and forms to new employees under current law. These requirements are separate from putting posters in the workplace.

  1. Children’s Health Insurance Program Notice
  2. Affordable Care Act (Health Care) Model Notices
  3. Residency Certification Form

Employers with 50 or more employees must provide employees with a written notice of the Family and Medical Leave Act (FMLA) provisions, in addition to the required posters. This notice could appear in an Employee Handbook provided to all employees or as a separate notice given to each new employee at hiring.