Note: Today’s article is brought to you by our friends at Poster Guard® Compliance
Protection, a division of HRdirect and the leading labor law poster service
that gets your business up to date with all required federal, state and local
labor law postings, and then keeps it that way — for an entire year. Enjoy the
A little history
about today’s image. “Mind the Gap” is a warning phrase used to advise
passengers to take caution when crossing the spatial gap between a train door
and station platform. It was first introduced in the 1960’s on the London
Underground. So, my take is the phrase is designed to remind us to maintain safety
in an area where we probably already feel very comfortable.
Today’s topic is
exactly why I wanted to share a little bit of history about “Mind the Gap”. It’s
very easy to dismiss warnings about labor law posters with “Oh, we have all the
right ones.” or “There will be headlines everywhere when our posters need to be
updated.” Not true. While I’m not saying that government agencies are out to
catch businesses that aren’t in compliance, it’s important to realize that in
today’s “signal and noise” world, there’s no guarantee that labor law poster
updates are going to automatically move into the trending topics section of
your favorite social media platform.
So, in the first article
of a three-part series, I want to talk about how labor law posters have some
unique requirements for certain employee groups.
#1: Postings for Job Applicants
Gap #1: Don’t Assume Labor Law Postings are Only for Employees
We have a
tendency to think of labor law postings as being just for our employees. Truth
is, four of the six mandatory federal postings apply to applicants as
well. There are also state and local
requirements. Physical postings must be
displayed for applicants that come into your office for pre-employment interviews,
testing or any part of the application process. By law, applicants must be able
to view these federal postings in your business:
Equal Employment Opportunity
Commission (EEOC)Family and Medical Leave Act (FMLA)Employee Polygraph Protection Act
(EPPA)USERRA – Uniformed Services Employment
and Reemployment Rights Act (also known as USERRA and recommended as a best
practice because the law applies to applicants)And if your
organization accepts online applications, there needs to be a way for
applicants to view them there too. In an article on the ApplicantStack blog, 98% of Fortune 500 Companies are
using applicant tracking systems (ATS), 66% of large companies use ATS, and 35%
of small companies. As more organizations look to technology to help them
automate their processes, they need to think about compliance.
#2: Spanish Language Postings
Gap #2: Don’t Assume Spanish Language Postings Only Apply When You Have Spanish Speaking Employees
As of July 1,
2017, the U.S. Census reports that the Hispanic population of the
United States was 58.9 million, making people of Hispanic origin the nation’s
largest ethnic or racial minority. There are ten states with a population of
more than one million Hispanic residents: AZ, CA, CO, FL, GA, IL, NJ, NM, NY,
states and territories are required by law to have certain labor law postings
in English and Spanish, regardless of the composition of the workforce. Additional
laws apply if you have locations with a significant number of Spanish-speaking
employees who are not proficient in English. Those locations must post certain
federal labor law postings in both English and Spanish. Though not mandatory,
it is in your best interest to display all of the state posters in English and
Spanish in those locations as well.
cannot make the assumption that, if they do not have Spanish-speaking workers,
they don’t need Spanish language posters. They also cannot assume if they have
bilingual employees that they don’t need Spanish language labor law postings
just because those employees also speak English.
#3: Postings for Remote Workers
Gap #3: Don’t Assume that Labor Law Postings are Only for Office Environments
According to the
small business funding site Fundera, over 3.7 million employees work from
home at least half of their time. That’s roughly 3% of the entire U.S.
workforce. If you’re thinking that doesn’t seem like a lot, keep in mind this
represents a 115% increase in telecommuting since 2005.
Working from home
is popular for several reasons. It reduces the costs for commercial office
space, decreases our carbon footprint, and makes employees more productive. In
an article from the Society for Human Resource Management (SHRM), telecommuting employees are more
productive and save companies billions.
with a remote workforce need to audit their processes to ensure everyone has
access to labor law postings. Some recent U.S. Department of Labor opinion
letters and court cases have determined that electronic notices are a
reasonable alternative for remote works.
the Compliance Gap with Your Labor Law Postings
I’d like to think
that most employers know they need to have labor law postings. But I can also
see organizations forgetting to “mind the gap” where postings are concerned and
forgetting to take the extra caution that needs to take place with applicants,
Spanish language postings, and remote workers.
But the good news
is that organizations don’t have to spend hours researching this information. Our friends at Poster Guard have a
Labor Law Poster Service that will do it for you. Yep, that’s right. Poster Guard
monitors labor law requirements (at the federal, state, and local level) and
lets you know when things change. They also provide you with replacement
posters every time there’s a change FREE of charge!
Frankly, this is
a no brainer for me. As a human resources professional, I have so many other
things I need to spend my time on than researching labor law posters.
Personally, I would much rather have a professional service do what they do
best, which frees up my time to recruit, engage, and retain the best employees.
P.S. Stay tuned for part two in this series when we talk about how different industries require different labor law postings. In the meantime, you can test your labor law poster knowledge with Poster Guard’s Mind the Gap quiz.
The post Labor Law Postings: 3 Employee Groups with Unique Posting Requirements #MindTheGap appeared first on hr bartender.
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Date/time: 15th October 2019, 15:24