Most people have a common misconception that all companies must have the same labor law posting. This is not true. While federal laws apply in a large part of the U.S., there are laws that apply to different industries that create some confusion. For instance, a hospital will require different postings than a construction company. Restaurants also have different posting requirements than technology companies. Understanding these differences is important for compliance with labor law postings.
Federal Labor Law Posters
Every business with employees must display certain federal labor law posters, regardless of industry.
- OSHA Job Safety and Health Poster: Applies to nearly all employers. It informs workers of their rights under occupational safety and health laws.
- Know Your Rights: Workplace Discrimination is Illegal: This federal notice applies universally, protecting employees from discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information.
- Federal Minimum Wage Poster: Required everywhere, showing the current federal minimum wage and overtime rules.
- Family and Medical Leave Act (FMLA): Applies to covered employers with 50+ employees.
- Employee Polygraph Protection Act: For employers in industries where polygraph testing might occur.
- USERRA Poster: For employers with military personnel.
Construction and Contracting
Construction is heavily regulated, and beyond federal posters, construction employers often need:
- State-Specific Safety Notices: Most states have additional safety posting requirements beyond federal OSHA standards.
- Wage and Hour Notices: Prevailing wage information, especially for government contract work.
- Workplace Rights Notices: State-specific postings about employee protections.
If your construction business has federal contracts, you’ll need federal contractor posters with additional requirements around equal employment opportunity and prevailing wages.
Construction also requires hazard-specific postings depending on what you’re building and what materials you use.
Healthcare and Medical Settings
Healthcare facilities face unique requirements:
- OSHA Bloodborne Pathogens Notice: Specific to healthcare workers exposed to blood and body fluids.
- Sharps Injury Prevention Posters: Required where needles or sharp instruments are used.
- State-Specific Healthcare Worker Rights: Many states have additional protections for healthcare employees, especially regarding staffing and meal breaks.
- Infection Control Notices: Particularly important post-pandemic.
- Patient Rights Postings: While not technically labor law posters, healthcare facilities must post patient-related information in certain areas.
Healthcare is heavily regulated because worker safety directly impacts patient safety.
Manufacturing and Hazardous Materials
Manufacturing plants have extensive labor law poster requirements:
- Chemical Safety Information: OSHA requires hazard communication postings where chemicals are used.
- Machinery Safety Notices: Specific warnings about equipment operation.
- Injury Reporting Procedures: Where and how workers report injuries.
- State-Specific Manufacturing Regulations: Many states have additional manufacturing safety posting requirements.
- Personal Protective Equipment (PPE) Requirements: Depending on workplace hazards.
Manufacturing facilities typically have the most extensive posting requirements because worker safety risks are highest.
Retail and Food Service
Retail and food service have their own requirements:
- Food safety notices: If food is prepared, displayed, or served.
- Wage and hour information: Including break and meal period requirements, which vary significantly by state.
- Child labor restrictions: Especially relevant for retail and food service employing teens.
- Tip credit notices: If you use tip credits toward minimum wage.
- State-specific retail worker rights: Many states have additional protections for retail workers.
Food service adds complexity because both health department regulations and labor law collide in the same space.
Technology and Professional Services
Tech companies and professional service firms might think they’re exempt from poster requirements because their work isn’t inherently dangerous. They’re not exempt, though their requirements are typically less extensive.
They still need:
- All federal labor law posters
- State-specific employment law notices
- Anti-discrimination notices
- Wage and hour information
Federal Contractors and Subcontractors
If your business holds a federal contract, you’re in a special category requiring additional postings:
- Equal Employment Opportunity (EEO) notice: Specific to federal contractors.
- Affirmative action information: For contracts over certain amounts.
- Veterans’ rights postings: USERRA information prominently displayed.
- Prevailing wage notices: For construction and service contracts.
- Employee whistleblower protections: Specific to federal contractors.
Federal contracting work requires significantly more poster compliance than typical private sector work.
Remote and Multi-Location Considerations
If your business operates remotely or across multiple states, complexity increases. Each location might have different requirements. Remote employees need digital access to labor law posters in many jurisdictions.
A company with offices in California, Texas, and New York faces three different state requirements on top of federal postings. Add remote employees, and you’re managing digital versions too.
The Practical Solution
With industry-specific differences this significant, ensure compliance with some practical solutions:
- Know Your Industry Requirements: Research specific posting requirements for your industry through your state labor department.
- Check Your Location: State requirements vary dramatically. A business in New York follows different rules than one in Texas.
- Consider Your Employee Types: Remote workers, part-time employees, minors, and contractors might trigger additional requirements.
- Document Everything: Keep records of which posters you’ve posted and where.
- Stay Updated: Subscribe to alerts for your industry and state.
Conclusion
The requirements for labor law posters are significantly different depending on what industry you are in due to the nature of hazards and needs within each Industry. The hazards faced by a construction worker are different from those of an IT Professional. Additionally, the regulations protecting a healthcare worker differ from a retail employee. You cannot ignore the fact that every Industry has its specific legal compliance; therefore, it is critical to know what your Industry requires.
If you have accurately posted the labor law requirements of your Industry, you are fulfilling your legal obligation as well as providing protection to your employees.
