This labor law poster change can have the potential to come into effect in January 2022. New Legislation regarding these whistleblower protections was signed October 28th, 2021 and has the potential to go into effect in 2022.

What is a significant change made from this potential labor law poster change?

One significant change that has been implemented onto this potential labor law poster change is the range of employees that are now protected under this law. Former employees can now come forward and be protected under this new whistleblower law. Independent contractors that have worked with the company are also covered under this law.

How does this law protect a whistleblower?

This labor law poster change points towards potential “retaliatory” actions by the employer against the whistleblower. The employer can not take negative action towards the employee if an employee brings up a problem. Such retaliatory actions that are now prohibited are suspension, discharge, demotion, threats, or anything that can affect future employment.

Is there any repercussions if the whistleblower is wrong about the accusation?

There are no new repercussions for the whistleblower if brought up a false accusation at this time.

What happens to the employer if they are found responsible?

If the employer is found responsible for wrongdoing in the workplace, they can be subject to fine. They will have to pay for any violations they have committed and pay a civil penalty for up to $10,000 under this labor law poster change. 

Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance.

             There are many upcoming poster changes being made in states and also in Washington DC.  Minimum wage increases and new laws are expected to bring an abundance of mandatory poster changes. There are expected to be more than 20 state poster changes in early 2022.

New York and New Jersey State Employment Poster Changes

             Many changes take effect on January 1, 2022, with New York minimum wage increase and posting updates taking effect on December 31, 2022.  New Jersey’s misclassification law takes effect on February 1, 2022. Expected posting changes are being made from regulatory changes or laws that were passed in 2021.  Updates are expected to be made in 2022, but mandatory changes may occur at any time. 

Federal Contractor Labor Poster Changes and Covid Postings

               Federal contractor minimum wage will increase to $11.25 per hour on January 1, 2022. Employers covered by the executive order must display updated minimum wage rates. Do not forget any COVID related postings through state and local guidelines as well. Signing up for a poster service with LaborLove will provide updates as required under state and federal law. 

Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance.

Cannabis use in the Workplace

The use of cannabis in the workplace can still be prohibited by the employer under the new labor law passed by the NY Department of Labor. It is up to the employer to set up such rules. The NY Department of Labor also explained that the employer is allowed to take action if the employee has possession of cannabis at the workplace. Employers cannot discriminate against employees for having a noticeable odor of cannabis but can take action if they are seen using cannabis during worktime or on breaks. The NY Department of Labor stresses under no circumstances is the employer allowed to drug test employees for cannabis.

Cannabis outside the Workplace

The NY Department of Labor explains that under labor law, employees are allowed the use of cannabis outside of the workplace as long as it does not interferre with worktime. Employees are allowed the use of cannabis on their own time without the fear of being srug tested for it. For remote work, the NY Department of Labor does not consider the employees private residence as a “worksite” however, the employer can still take action if the employee shows symptoms of impairment during worktime.

Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance. For more information visit the New York Department of Labor website.

What this Poster Change Entails

This poster change entails that employers must report to the Division of Occupational Safety and Health Compliance when an injury or death occurs at the workplace. Regarding a death, including a death by heart attack, the employer, the employer’s agent, or another employee has eight hours to report to OSHA about this incident. Regarding an injury, this poster change requires that the employer, the employer’s agent, or another employee has 72 hours to report to OSHA about this incident. Employees have a right to report a safety and health concern or report a work-related injury without being retaliated against.

Workplace Injuries that need to be Addressed

The OSHA poster change in Kentucky mentioned that a wide variety of major injuries need to be addressed if came across in the workplace. Work-related incidents resulting in the loss of an eye, an amputation, or the in-patient hospitalization of an employee, including hospitalization resulting from a heart attack, must be reported to the Division of Occupational Safety and Health Compliance within 72 hours. 

Fines

With this poster change in place, if OSHA is not notified within these set times, or if this poster change is not updated employers could be subject to serious fines. Fines for these violations can be up to $7,000 per day and repeat violations can result in fines up to $70,000.

Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance.

The New Minimum Wage for Maine

The previous minimum wage in Maine was $12.15 per hour and has been increased to $12.75 per hour in this poster change. There has also been a minimum wage increase for wage/service employees. The new minimum wage for wage/service employees has been increased to $6.38 per hour and this is also included in the poster change. 

How this Affects Employees

This is a big poster change from the Maine Department of Labor. Starting January 1, 2022, the new minimum salary threshold is $735.59 per week, or $38,251 per year. With this poster change and increase in minimum wage it greatly helps employees move towards a more sustainable minimum wage in Maine.

With a Labor Love Subscription you will never have to worry about having to update your Labor Posters again. 

Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance.

How much has it raised?

The Department of Labor has increased the maximum fines for labor postings by over $400. The fines are under four acts. Family and Medical Leave Act (FMLA): $178, Equal Employment Opportunity Commission (EEOC): $576, Job Safety and Health: It's the Law (OSHA): $13,653, and Employee Polygraph Protection Act (EPPA): $21,663. The Department of Labor wants to impose this for posting violations to show the seriousness of these violations. 

The Importance of these increases

It is very important to stay compliant within the workplace. The Department of Labor wants to stress this with the increase of posting violations to influence employers to stay in compliance. With these updated poster violations in place employees will feel more protected and with the updated posters employers will show them they care about their employees rights. 

With a LaborLove subscription, you will never have to worry about posting violations from the Department of Labor again.

Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance.

What does the Emergency Paid Sick Leave Entail

Massachusetts has created a labor poster change for COVID-19 sick leave. There was a Labor poster change previously in the spring of 2021 but expired on September 30th, 2021. If an employee contracts COVID-19 or is ordered to mandatory quarantine they are protected under this labor law. Also if an employee is obtaining a vaccine against COVID-19 they are also protected under the labor law change. The New labor poster change entails that Employees working at least 40 hours per week are entitled to the maximum entitlement of 40 hours of emergency paid sick leave. Employers must compensate employees up to a maximum of $850 per week of sick leave.

Is This a Required Labor Poster Change

This is a required poster changed with a suggested compliance date of December 6th, 2021. Posters must be in view for employees to see and/or emailed electronically to all employees. With COVID-19 affecting labor poster changes quite commonly, it is recommended that employers comply with these suggested compliance dates and have updated posters hung up for their employees to see. 

Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance. 

What the New York State HERO Act is

The New York State Department of Labor put in effect most recently as September 4th, employers’ infectious disease plan must be distributed to its employees under the HERO Act. Employers can choose to adopt the policy plan from the The New York State Department of Labor or create their own alternate plan that meets the standards and requirements. Employers also must conduct a verbal review of their policy plan under the HERO Act to stay in compliance. Employers will be subject to $50 daily fines if they fail to comply with the The New York State Department of Labor with violations up to $10,000 to fail to abide by the requirements of the plan. 

Who does the New York State HERO Act Affect?

The New York State Department of Labor required that by November 1st that employers with 10 or more employees must implement a joint labor-management workplace safety committee under the HERO Act. All non-governmental industries across New York and work sites, with the exception of any employee or employer within the coverage of a temporary or permanent OSHA standard on COVID-19, or airborne infectious diseases will have to comply. Employers will also be required to provide their workers with a written plan even in other languages if their employees primary language is not english. Employers with 10 or more employees must also post a copy of their prevention plan visible to their employees at each workplace required by The New York State Department of Labor. 

New York State Department of Labor Requirements

This does not change the Labor poster requirements that you receive from Labor Love but these separate posters are required to be displayed at each of your workplaces alike to labor posters. 

What Labor Poster needs to be updated

The Florida state minimum wage labor poster needs to be updated within businesses displaying the new changes. This is a crucial part of the labor poster for the workers because of it showing their wages. With this being a big jump in the minimum wage, it is very important that businesses are able to display an updated labor poster for their employees with the new current minimum wage.

When will Florida Businesses need a new Labor Poster 

Florida businesses will need to provide their workplace with a new labor poster providing the new minimum wage in Florida on September 30th being the suggested compliance date. These labor posters need to be in sight of their workers to assure that they are staying in compliance with labor law. In order to stay in compliance with the department of labor in Florida, businesses must provide their employees with this labor poster by September 30th or shortly after the suggested completion date.

Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance.

Remote Worker Labor Posters Required

Companies that have all employees currently working remotely must provide electronic access to updated electronic labor posters to stay in compliance. If your company has some employees working remotely and some workers in person it is still strongly recommended by the Department of Labor to provide the remote workers with electronic labor posters. If your employees are working at a customer's location, your company still stays in compliance with current labor laws. If your employees cannot access these posters at a customer's location, get in touch with the customer and see if they can make the poster visible to your employees or if you can set up a compliance poster visible to them. 

Which Electronic Labor Posters are Required and When

All Federal and State labor posters are required to stay in compliance with labor law. In some cases, depending on the city, city compliance posters are also required under labor law. Check with your Department of Labor to see which of these are required for your business. For the timeframe of when these compliance posters are needed, there is no specific time frame or grace period as of now for remote employees. If your business is fully remote, it is best to supply your employees with electronic labor posters and document them when you have done so. 

Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance.

The Connecticut Minimum Wage poster (Administrative, Mercantile and Restaurant) has also been updated to reflect an increase to the minimum wage. The minimum wage will increase from $10.10 per hour to $11.00 per hour effective October 1, 2019. Future minimum wage increases were also added to the poster effective September 1, 2020 to $12.00 per hour, August 1, 2021 to $13.00, July 1, 2022 to $14.00 and June 1, 2023 to $15.00. This posting appears on the
Connecticut Workplace Compliance Poster and is a mandatory change.

Order your updated Connecticut Labor Law Poster today.

Below you'll find two draft Labor Law Poster and Compliance Policies from Burr Consulting, LLC that you may adopt in the next edition of your employee handbook:

Draft #1: POSTERS AND REPORTING

Organization X will maintain mandated federal and state posters at all company worksites and will post the links to posters on the company intranet site. Hardcopy posters will be mailed to remote employees and full-time teleworkers. Organization X will verify new posting requirements for worksites on an annual basis and will ensure that new and/or revised posters are posted and made available.

Organization X will prepare and post its Occupational Safety and Health Administration (OSHA) 300-A form by February 1 annually at all company worksites and on the company intranet. The company will update and post its commitment to equal employment opportunity (EEO) in December of each year at worksites and on the intranet site.

REPORTING

State new-hire reports will be filed with each state and will be prepared and reported no less frequently than biweekly, in accordance with federal Department of Health and Human Services requirements. Organization X will prepare and submit our EEO-1 report by March 31 of each year. The company operates all of its benefits plans on a calendar-year basis; thus, required Forms 5500 and supporting schedules will be prepared and reported no later than July 31 of each year. Organization X will report to OSHA within 24 hours any inpatient hospitalization, amputation or eye loss that occurs within 24 hours of the incident or accident, and fatalities will be reported to OSHA within 8 hours.

(SHRM)

Draft #2: POSTER AND REPORTING COMPLIANCE POLICY

Organization X will maintain mandated federal and state posters at all company worksites. Hardcopy posters will be mailed to remote employees and full-time teleworkers.

Organization X will verify new posting requirements for worksites on an annual basis and will ensure that new and/or revised posters are posted and made available. Organization X will prepare and post its Occupational Safety and Health Administration (OSHA) 300-A form by February 1 annually at all company worksites and on the company intranet.

Only focus on areas of the policy that impact your organization. Not every organization needs to post OSHA information. Do not forget state and local posting requirements and communicate any changes to the workforce. This is not legal advice, but a policy that many of us forget. Matt Burr is happy to work with any organization with a labor poster and compliance policy for any workforce; remote, telecommuters, travelers, in-person, etc. Remember, by law, all employees need access to the posting information.

The 15 Mandatory Federal Contractor Postings:

1. “National Labor Relations Act (NLRA)

• Informs employees of their rights under the National Labor Relations Act to form, join, and support a union and to bargain collectively with their employer
• Must be posted in English and any language common to a significant portion of workers if they are not fluent in English
• Posting requirement does not apply to contracts of less than $100,000
• Enforced by the U.S. Department of Labor – Office of Labor-Management Standards and Office of Federal Contract Compliance Programs

There has been some confusion recently on whether this is a required poster. The National Labor Relations Board previously required private employers to post a similar notice, but a recent case has put that requirement on hold until further notice. That decision has no impact on federal contractors who are still required to post this poster.

2. Walsh-Healey Public Contracts Act/Service Contract Act

• Notifies employees of the minimum wage rate, overtime requirements and safety and health requirements
• Must be posted by federal contractors and subcontractors with contracts in excess of $10,000 for the manufacturing or furnishing of materials, supplies, and equipment to the federal government or federal contractors who provide services to the federal government using service employees whose contract exceeds $2,500
• Enforced by the U.S. Department of Labor – Employment Standards Administration – Wage and Hour Division

3. American Recovery and Reinvestment Act (ARRA) Whistleblower Rights

• Informs employees of their whistleblower rights under the American Recovery and Reinvestment Act
• Must be posted by federal contractors who received funds under the ARRA
• Enforced by the Recovery Accountability and Transparency Board
  

4. Department of Defense (DOD) Fraud Hotline

• Informs employees of the Department of Defense Fraud Hotline number for reporting fraud, waste and abuse
• Must be posted by federal contractors who have contracts with the Department of Defense that exceed $5,000,000
• Enforced by the U.S. Department of Defense
  

5. Department of Defense (DOD) Whistleblower Hotline

• Informs employees of their whistleblower rights
• Must be posted by federal contractors who have contracts with the Department of Defense that exceed $5,000,000
• Enforced by the U.S. Department of Defense

6. Department of Homeland Security (DHS) Fraud Hotline

• Informs employees of the Department of Homeland Security Hotline number for reporting suspected criminal violations, misconduct and wasteful activities
• Must be posted by federal contractors who have contracts with the Department of Defense that exceed $5,000,000 and if the DOD contract is funded, in whole or in part, by DHS disaster relief funds
• Enforced by the U.S. Department of Homeland Security – Office of the Inspector General

7. Notice to Workers with Disabilities/Special Minimum Wage

• Informs employees the conditions under which special minimum wages may be paid
• Must be posted by federal contractors who employ disabled employees paid at a special minimum wage
• Enforced by the U.S. Department of Labor – Employment Standards Administration – Wage and Hour Division

8. E-Verify

• Notifies applicant and employees of their rights under the E-Verify program
• Must be posted by federal contractors in English and Spanish and posted near entrance
• Enforced by the U.S. Department of Homeland Security
  

9. Right to Work

• Notifies applicants and employees of their discrimination rights under the E-Verify program
• Must be posted by federal contractors in English and Spanish and posted near entrance
• Enforced by the U.S. Department of Homeland Security 2
  

10. Federal Contractor Minimum Wage

• Informs employees of the federal minimum wage for contractors
• Must be posted by federal contractors and subcontractors that have FLSA-covered workers performing work in connection with a covered Service Contract Act or Davis-Bacon Act contract, as well as those with concessions contracts or contracts offering services to federal employees or the public on federal property
• Enforced by the U.S. Department of Labor – Employment Standards Administration – Wage and Hour Division

11. “EEO is the Law” Supplement

• Informs applicants and employees of federal nondiscrimination laws and procedures for filling complaints with the Office of Federal Contract Compliance Programs
• Must be posted by federal contractors and subcontractors with contracts in excess of $10,000
• Enforced by the U.S. Department of Labor – Office of Federal Contract Compliance Programs
  

12. Pay Transparency Policy Statement

• Informs applicants and employees of their pay transparency rights
• Must be posted by federal contractors and subcontractors with contracts in excess of $10,000
• Enforced by the U.S. Department of Labor – Office of Federal Contractor Compliance Programs

13. Federal Contractor Paid Sick Leave

• Informs employees of their paid sick leave rights
• Must be posted by federal contractors and subcontractors that have FLSA-covered workers performing work in connection with a covered Service Contract Act or Davis-Bacon Act contract, as well as those with concessions contracts or contracts offering services to federal employees or the public on federal property
• Enforced by the U.S. Department of Labor – Employment Standards Administration
  

14. Davis-Bacon Act

• Notifies employees of prevailing wage requirements and overtime pay under the Davis-Bacon Act
• Must be posted by federal contractors and subcontractors performing on federally funded construction projects in excess of $2,000 for the actual construction, alteration/repair of public buildings or public works
• Enforced by the U.S. Department of Labor – Employment Standards Administration – Wage and Hour Division

15. Department of Transportation (DOT) Federal Highway Construction

• Informs employees to report any false statement, false reports or false claims made to the character, quality, quantity, or cost of any work performed on the contract
• Must be posted by federal contractors who work on federally funded highway construction projects
• Enforced by the U.S. Department of Transportation (Poster Guard) 

Remember, these posters are updated at times throughout the year as well. The NLRA was updated earlier in 2019, not all updates are done at the end or beginning of the year. Yes, they are available online for free, not on one website but multiple websites. New York State will be updating posters this year and again for minimum wage in 2020.

However, as small businesses work toward lower overhead, many employees may end up working remotely. And as an employer, that does not mean you're off the hook on communicating the required labor laws. Unfortunately (or fortunately, depending on your viewpoint), there is no definitive way to communicate these postings. SHRM clarifies for full-time telecommuters, "employers are not required to post federal and state posters in home offices, but employers are responsible for ensuring telecommuters have access to these posters."

The organization goes on to explain that employees who regularly check into a central location should be made aware of the location of employment posters. For those who are not required to do so, SHRM recommends sharing the contents of the posters on a company-wide intranet.

The bottom line is that all employers are legally required to post or share the labor law information with their employees, so we recommend making your best effort to do so. You may share the documents with each employee by email, updating them whenever there is a change, or even by fax. Although it's not required, you may even choose to send a physical copy of the compliance posters to each employee's home office or appropriate address.

In the event of an employee dispute or legal incident, you must be able to prove a "good faith effort" to notify everyone - telecommuters and office workers alike - of their rights. And if you need to know when updates are taking place, be sure to follow along on our blog.

Don't forget: employers are required to have labor posters conspicuously posted at each organizational facility. But what if you do not have a facility; instead you have a traveling workforce (cleaning crew, landscapers, etc. that do not meet) or telecommuters? 

Employers are not required to post federal and state posters in a home office. However, you are responsible to ensure all of these employees have access to these postings. You may post these on an intranet site, send a link to the intranet site, and e-mail, mail, or fax when there are updates. For the traveling workforce, our recommendation is to create laminated binders to keep in vehicles and update any postings as laws and regulations change.

Additional Thoughts on Posting Requirements:

“Fair Labor Standards Act (FLSA) regulations, for example, to physically display posters "in conspicuous places in every establishment where such employees are employed so as to permit them to observe readily a copy" (29 C.F.R. §516.4). Required posters must be displayed so they are easily visible to the intended audience, according to the U.S. Department of Labor.

Executive Order No. 11246, which governs affirmative action by federal contractors, indicates that required posters must be displayed in "conspicuous places accessible to all employees, job applicants and union representatives"(41 C.F.R. §60-1.42).

The Family and Medical Leave Act (FMLA) regulations, which apply to employers with 50 or more employees, do state that "electronic posting is sufficient to meet this posting requirement as long as it otherwise meets the requirements of this section." However, the act also requires covered employers to post a notice "prominently where it can be readily seen by employees and applicants for employment" (29 C.F.R. §825.300).”

"With a few exceptions (FMLA, MSPA and Executive Order 13496), the U.S. Department of Labor's regulations do not require posting of notices in Spanish or other languages…

The federal Family and Medical Leave Act (FMLA) regulations state, "Where an employer's workforce is comprised of a significant portion of workers who are not literate in English, the employer shall provide the general notice in a language in which the employees are literate." SeeFMLA regulation 825.300, (4).

While no similar regulation exists for the Fair Labor Standards Act (FLSA) poster, the Department of Labor (DOL) advises, "Although there is no size requirement for the poster, employees must be able to readily read it" and goes on to list the languages the poster is provided in, adding, "There is no requirement to post the poster in languages other than English." See The Fair Labor Standards Act…

OSHA regulations do not specify or require employers to display the OSHA poster in a foreign language. However, OSHA encourages employers with Spanish-speaking workers to also display the Spanish version of the poster…

“There are three federal employment law posters that must be available to applicants: the FMLA poster, the Equal Employment Opportunity (EEO) poster and the Employee Polygraph Protection Act (EPPA) poster…

State laws and agencies make similar requirements and recommendations. Some states and localities, including but not limited to Arizona, California, Connecticut, Washington, D.C., Illinois, New Jersey, New Mexico, New York and Tennessee, include regulatory requirements for posters to be posted in Spanish when a certain percentage of the workforce uses English as a second language.”

“Old employment law posters should be saved to help prove past compliance, even though retaining old posters isn't required, management attorneys say. Employers also should take pictures of old posters with time-and-date stamps to have a physical record that they were displayed…

Most of our poster regulations were written before the Internet was used for job postings. Until the regulations are revised, please place a prominent notice on the website where the job postings are listed stating that "Applicants have rights under Federal Employment Laws" and link to the three posters: Family and Medical Leave Act (FMLA) Poster (FMLA regulations were revised to allow for electronic posting as long as such posting otherwise meets the requirements of the regulations.); Equal Employment Opportunity (EEO) Poster; and Employee Polygraph Protection Act (EPPA) Poster. Please note, however, that posting the notice on the employer's website in this manner is not a substitute for posting these EEO posters in conspicuous places on the employer's premises where otherwise required."

"From a best-practices perspective, retaining old posters makes sense to help prove past compliance," said Aaron Warshaw, an attorney with Ogletree Deakins in New York City. "For example, in the context of employment litigation, posters can sometimes be relevant evidence to show that employees were informed of their applicable rights."

He recommended that employers retain old posters in paper or electronic format, "as long as they are clearly marked and not accidentally put back into circulation." Save them for the applicable time employees have to sue under the law—the "statute of limitations"—such as three years for federal wage and hour posters.

These are all federal rules and requirements; states can have differing laws and regulations surrounding labor poster requirements. In New York State, for example, Unemployment, Short-Term Disability, Workers’ Compensation, Paid Family Leave, Sexual Harassment, etc. are separate postings. New York City and other locals have differing posting requirements: sick leave, sexual harassment, breastfeeding, and more.

It is recommended to audit and review posters annually to ensure legal compliance.  The Disability, Workers’ Comp, Paid Family Leave do have expiration dates on for policies.  You may need to request a new poster from your carrier. Minimum wage increases at the end of the year, this will require a new posting.  Could we see a salary history ban posting? Time will tell on this. Continue to monitor for changes and updates to posters, work with a poster provider to signup for automatic mailing as requirements change.

The Department of Labor has announced updates to the Notification of Employee Rights Under Federal Labor Law poster (May 2019), required to be posted (in 11×17 format) by federal contractors and subcontractors pursuant to Executive Order 13496.

The changes include:

a new telephone number for the National Labor Relations Board (NLRB), the agency responsible for enforcing the NLRA – 1-844-762-NLRB (6572)

new contact information for individuals who are deaf or hard of hearing through the Federal Relay Service (Jackson and Lewis)

The biggest change on the "Time Off to Vote" posting is the requirement that businesses provide 3 hours, without loss of pay, for employees who are registered to vote. The old requirement provided 2 hours instead of 3.

This notice also requires that employees do not randomly leave during Election Day. They are required to notify their employer no less than 2 days before the day of the election if they plan to take time off to vote.

New NY State posters will include this notice, even though the posting may be ordered more than 10 days in advance of Election Day. It is our mission to make sure employers are never out of compliance.

Order your New York State poster or compliance subscription today:

Purchase an All-In-One New York State and Federal Poster.

Sign Up for a New York State Compliance Subscription and never be out of compliance again.

While several states have also made updates to unemployment and workers compensation insurance regulations, they are not reflected in the list below; those postings must be verified and provided by your respective insurance company.

To begin, 12 states have made changes to their minimum wage documents - mostly raising the minimum wage across the country. This is the most common change to workplace compliance posters, and it's the most-searched labor law document.

The following states have updated minimum wage requirements in 2017: Alaska, Arizona, California, Colorado, Massachusetts, New Jersey, New York, Ohio, Oregon, South Dakota, Washington, and Washington D.C.. In addition, Arizona has updated its "earned paid sick time"document for required posting.

The following are state-specific changes to labor law documents:

Delaware - discrimination
Idaho - discrimination
Kentucky - equal employment
Maine - child labor
Nevada - domestic violence and FMLA (family and sick leave)
Virginia - VOSH (state version of OSHA)
Vermont - FMLA (family and sick leave)
West Virginia - wage payment

If you have any questions about the latest updates in your state, or whether you have a copy of the most recent labor law poster, please contact us today: info@laborlove.co. 

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The civil penalties for violations occurring after November 2, 2015 will be assessed after January 13, 2017. "This ruling is specific to federal labor and employment posters," said Burr, owner of the HR consulting firm in the Southern Tier of New York. "However, state-specific posters are also required and fines can also be assessed at the state level.Be aware of any state specific changes that have occurred or will occur in 2017."

Below are the 6 changes to the federal labor law poster penalties:

Fair Labor Standards Act (FLSA). Repeated or willful violations of the FLSA's minimum wage or overtime pay requirements are subject to a penalty of up to $1,925per violation (formerly $1,894).  Minimum wage and overtime vary in New York State versus the federal definitions.

FMLA Posting. Willful violations of the FMLA's posting requirement are subject to a penalty not to exceed $166for each separate offense (formerly $163) (note: covered employers must post this general notice even if no employees are eligible for FMLA leave.  Remember in 2018, New York State will be changing to a paid family leave.

Employer CHIP Notice. Not providing notices to employees with an Employer Children's Health Insurance Program (CHIP) Notice is subject to a penalty ofup to $112 per dayper violation (formerly $110).

SBCs. Failure to provide a Summary of Benefits and Coverage (SBC) is subject to a penalty of up to $1,105 per failure(formerly $1,087).  Review this annually.

Form 5500. Failure or refusal to file an annual report (Form 5500) with the DOL is subject to a penalty of up to $2,097 per day (formerly $2,063).  Daily violations can add up quickly.

OSH Act Posting. Violations of the OSH Act's posting requirement are subject to a maximum penalty of $12,675 for each violation (formerly $12,471).  This is a big penalty for not posting correctly. 

For more information about these changes and more, check out the following document from the US Government Publishing Office:https://www.gpo.gov/fdsys/pkg/FR-2017-01-18/pdf/2017-00614.pdf

Special thanks to Matthew Burr from Burr Consulting, LLC for providing this information. For more, visit his blog, What's New in HR?

The new minimum wage in the state of Maine is $9 per hour, effective January 7, 2017. The new minimum wage in New York varies by region; in New York City, employers with 10 or less employees must pay $10.50 per hour and those with 11 or more employees must pay $11 per hour. In Long Island and Westchester County, the minimum wage is $10 per hour. The remainder of New York State must pay $9.70 per hour. These numbers are expected to increase again at the end of 2017.

LaborLove offers compliance poster subscriptions in all 50 states; employers may sign up to receive automatic updates to postings in their respective state(s) in addition to monthly communication and important information regarding labor law updates.

Click here to order your labor law poster subscription for New York or Maine.

Alaska, California, Colorado, Maryland, Michigan, Montana, New Jersey, and Ohio have each released the required documents, and updated posters are being shipped to all LaborLove subscribers in those states. Meanwhile, Arizona, Maine, and New York are still waiting to release their documentation.

LaborLove subscribers in AZ, ME, and NY will receive updated posters as soon as the documents are available. If you are a business in one of these states, feel free to contact us or sign up for our newsletter for updates on the progress of minimum wage documents. We will always make sure you've got the right information the minute it's available.

A recent email from the New York State Department of Labor stated, "As of now, the guidelines and other related documents regarding the New York State Minimum Wage increase ofDecember 31, 2016have not been made available to the public." The email went on to say, "The guidelines should be available before December 31, 2016."

Often, State and Federal compliance officers allow a grace period for posting updates when they first become available. However, that cannot always be guaranteed. For news and updates regarding the New York State Minimum Wage increase and its corresponding documentation, please stay tuned to our blog.

Update: 12/27/16 - New York State posters are now available. Click here for information about ordering a subscription.