Employment Law Posters to be Displayed in the Workplace – Some New and Some Old

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When the Oklahoma legislature revamped Oklahoma’s anti-discrimination laws in mid-2013, one of the new requirements imposed (and enforced by the Oklahoma Attorney General’s Office of Civil Rights’ Enforcement) was a requirement that all Oklahoma employers display a poster explaining Oklahoma’s prohibition on discrimination in employment because of “race, color, religion, national origin, disability, age, sex or genetic information.” A copy of the required poster can be found here: (http://www.ok.gov/oag/documents/OCRE%20workplace%20poster%207212014.pdf). Unlike Federal law which applies only to employers of certain sizes (for example, Title VII applies to employers with more than 15 employees), the Oklahoma law applies to all Oklahoma employers without regard to the number of people employed. Since many Oklahoma employers appear unaware of the new state-law posting requirement, a quick review of the posters generally required by Federal and State law was developed.

By 2014, most if not all private employers are used to displaying the federally required “EEO is the Law” poster (http://www1.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf), the minimum wage poster (http://www.dol.gov/whd/regs/compliance/posters/minwagep.pdf) and the Family and Medical Leave Act poster. The first poster informs employees of their federal right to employment free of discrimination based on race, color, religion, sex, national origin, disability, age and genetics. The first poster also explains the federal prohibition against retaliation based upon the exercise of an employee’s protected right and informs employees of the enforcement mechanism. The second poster informs employees of the federal minimum wage (currently $7.25 per hour), overtime requirements and a mechanism to lodge an official complaint against their employer. The third poster informs certain employees of their right to take up to twelve (12) weeks of unpaid leave under specified circumstances.

Private employers may also be required, under Federal Law, to display posters informing employees of their rights under the Employee Polygraph Protection Act (http://www.dol.gov/whd/regs/compliance/posters/eppa.htm). Another posting requirement is promulgated by OSHA and relates to “Job Safety and Health” (https://www.osha.gov/Publications/poster.html). Employers must also display a poster informing covered employees of their rights under the Uniformed Services Employment and Reemployment Rights Act (“USSERRA”) (http://www.dol.gov/vets/programs/userra/USERRA_Private.pdf). There are several other poster requirements under Federal Law that may or may not be applicable to a particular employment situation. The Federal Department of Labor has a helpful tool to navigate the federal posting requirements, a link to which can be found here: http://www.dol.gov/elaws/posters.htm.

In addition to the requirements of Federal Law, Oklahoma law requires private employers to display additional information for employees. Those topics include:

• Unemployment Insurance (http://www.ok.gov/oesc_web/documents/OES-44_rev_6-10.pdf)
• Oklahoma Minimum Wage (http://www.ok.gov/odol/documents/WHMWPosterPlainLanguage.pdf)
• Anti-Discrimination Notice (a link is found above)
• Child Labor Law (http://www.ok.gov/odol/documents/ChildLaborPoster.pdf)
• Workers’ Compensation (http://ok.gov/wcc/documents/CC-Form_1A_2-1-14(1).pdf)

Oklahoma has two on-line tools to assist employers, too. The links are found here: http://www.ok.gov/oesc_web/Services/Workforce_Services/Labor_Law_Posters.html and http://www.ok.gov/odol/Workforce_Protection/Wage_and_Hour_Services/Workplace_Posters/.

Failure to comply with the posting requirements can result in the assessment of monetary penalties among other sanctions.

Topics:  Discrimination, EEOC, Employer Liability Issues, FMLA, Minimum Wage, Notice Requirements, OSHA, USERRA

Published In: Civil Rights Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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