Presented by

Ashley Kaplan,

Sr. Employment Law Attorney for Poster Guard

Raquel D. McDowell,

Employment Law Attorney for ComplyRight

• Senior Employment Law Attorney for Poster Guard®

• Responsible for developing business compliance solutions

• Also the Director of Legal Content and Labor Law Compliance, overseeing a team of

attorneys and human resource professionals responsible for researching, developing

and maintaining HR compliance products

• Has represented employers of all sizes in all areas of labor and employment law,

including claims relating to civil rights, family leave issues, wage and hour matters,

immigration and breach of contract

• Employment Law Attorney for ComplyRight brands

• Responsible for legal research and monitoring federal, state and local laws daily to

ensure legal compliance

• Previously worked for the Internal Revenue Service in Washington, D.C.

• Overview of top federal, state and city/local posting changes for 2015

• Whether you’re required to post additional federal contractor postings

• Poster changes still pending as we enter 2016

• How to satisfy rapidly changing city/county posting requirements

• Electronic posting solutions for remote workers

• All employers must post federal and state employee postings (up to 21 per state)

o Six mandatory federal posters

o Up to 15 additional state-specific posters

• Additional posters required for certain industries, cities, counties and government

contractors

• Mandatory federal posters include:

o EEOC

o FLSA/Minimum Wage

o OSHA

o EPPA

o FMLA

o USERRA

• The Occupational Safety and Health Administration (OSHA) issued new regulations

effective January 1, 2015:

o Expanding the list of severe injuries employers must report to OSHA

o Requiring employers to report work-related fatalities within 8 hours

o Requiring employers to report work-related inpatient hospitalizations, amputations or

loss of an eye within 24 hours

o Changing the list of industries exempt from keeping records

• In May 2015, OSHA released a new

version of the federal OSHA poster

incorporating these new recordkeeping

requirements

• This was a non-mandatory posting

change – previous version of OSHA

posting is fully compliant

2015 updated poster

previous poster

• EEOC Posting – Change expected based on 4/8/15 law prohibiting discrimination

due to sexual orientation and gender identity, and 3/24/14 law expanding veteran

protections (not yet known whether new poster will be required for all employers

or only federal contractors)

• FMLA Posting – Change expected based on new definition of spouse effective

3/27/15

• FLSA Posting – Change expected based on proposed regulations issued 6/30/15 to

update “white collar” exemptions

• Up to 15 state-issued postings required per

state, covering issues such as:

o Workers’ Compensation

o Unemployment Insurance

o State Minimum Wage

o Fair Employment

o Family/Medical Leave Benefits

o Smoking in the Workplace

• Employers must post both federal and state

postings even if there’s conflicting

information

• No “one-stop shop” for free government posters

• There are 175 different agencies responsible for issuing more than 370 posters

• In a single state, up to 21 postings issued by up to nine different agencies

… and that doesn’t include additional posting requirements if you’re in certain

industries, have government contracts, employ non-English speaking employees

or operate in certain cities/counties

• Approximately 150 state law poster changes per year (50% require immediate

mandatory replacements)

• Government agencies don’t notify you when changes occur

• Posting updates and requirements (including foreign language requirements and

size/font/color mandates) can be buried in statutes, regulations, case law and

agency website pages

*South Dakota and Washington

also had increases but don’t

require minimum wage

postings

The following states announced minimum wage increases and have already issued

new posters:

These states announced minimum wage increases, but the new posters haven’t

been released yet:

*No poster was required for 2015 South Dakota minimum wage change

• The following states updated their state OSHA posters in 2015 to incorporate new federal OSHA recordkeeping requirements for work-related accidents and fatalities:

o Michigan OSHA poster - Mandatory update effective 10/09/15

o Minnesota OSHA poster - Mandatory update effective 11/14/15

o North Carolina OSHA poster - Mandatory update effective 1/30/15

o Washington OSHA poster - Mandatory update effective 10/30/15

• Several states passed laws in 2015 targeting pregnancy discrimination and clarifying

employer responsibilities to provide reasonable accommodations:

o District of Columbia - New poster issued June 2015

o Delaware - Poster updated January 2015

o Illinois - New poster issued January 2015

o Rhode Island - New poster issued August 2015

o California - Poster change pending

• More states and local governments passing laws granting paid sick leave

• Massachusetts Earned Sick Time Poster

o New mandatory poster released June 2015

o Effective July 1, 2015, employers must provide one paid hour of sick leave for every

30 hours worked (up to 40 hours/year)

• California Paid Sick Leave Poster

o New mandatory poster released January 2015

o Effective January 1, 2015, employers must provide at least three paid sick days each

year

o Mandatory poster update pending based on July 13, 2015, amendment

• Federal contractor posting obligations depend on the types of contracts you have

and, in some cases, the value of the contracts

• To determine if you’re a federal contractor for posting purposes, ask yourself:

1. Does our business provide goods or services to the federal government or

receive federal funding?

2. Has our business received federal funds under the American Recovery and

Reinvestment Act of 2009?

3. Does our business work on federally financed construction projects?

4. Is our business required to use E-Verify?

• The most common postings required for federal contractors are:

1. NLRA (required by EO 13496)

2. E-Verify/Right to Work

3. Walsh-Healey Public/Service Contracts

4. ARRA Whistleblower Rights

5. DHS Fraud Hotline

6. Notice to Workers with Disabilities

7. Davis-Bacon Act

8. DOT Federal Highway Construction

9. Minimum Wage (New-January 2015; Updated-September 2015)

10. DOD Whistleblower (New-March 2015)

11. DOD Fraud Hotline (Updated-March 2015)

12. “EEO is the Law” Supplement (New-September 2015)

• Federal contractor postings change frequently

o Five posting changes in 2015

o Several posting changes pending for 2016

• Penalties for non-compliance can be severe, including steep fines up to suspension

or cancellation of federal contracts

• Federal Contractor Minimum Wage Posting

o New mandatory posting effective January 1, 2015

o Mandatory update released September 2015

o Applies to employees performing work in

connection with:

1. Contracts for construction under the Davis-

Bacon Act

2. Contracts for services under the Service

Contract Act

3. “Concession” contracts with the federal

government

4. Federal government contracts providing

services on federal property

• DOD Fraud Hotline and DOD Whistleblower Postings

o Must be posted by federal contractors who have contracts with the

Department of Defense that exceed $5,000,000

o Fraud Hotline posting (updated March 2015) informs the contractor’s

employees of the DOD Fraud Hotline number for reporting fraud, waste and

abuse (including human trafficking)

o New DOD Whistleblower posting (released March 2015) informs employees of

their whistleblower rights

o Enforced by the U.S. Department of Defense

• “EEO is the Law” Poster Supplement

o Temporary mandatory poster released in

September 2015

o Required by OFCCP’s Final Rule implementing EO

13665

o Includes information about gender identity and

sexual orientation discrimination (law effective

April 2015) and expanded protections for veterans

and individuals with disabilities (law effective April

2014)

o OFCCP is working with EEOC to release final poster

in early 2016

• New mandatory posting effective January 11, 2016 (poster was released in

September 2015)

o Required by OFCCP rule issued on September 10, 2015, to implement EO 13665, a

law that prohibits federal contractors from terminating or discriminating in any

way against employees or applicants who inquire about, discuss or disclose their

own compensation or the compensation of another employee or applicant

o Required for federal contractors that enter into a new covered federal contract

or subcontract, or modify an existing covered federal contract or subcontract, on

or after effect on January 11, 2016

• “EEO is the Law” Final Poster

• Walsh-Healey Public Contracts

Act/Service Contract Act Poster

• Notice to Workers with

Disabilities/Special Minimum Wage

Poster

• Davis-Bacon Act Poster

• Paid Sick Leave Poster

• Cities have the discretion to pass laws more

generous to employees than state or federal law

• Postings cover a variety of employment laws

similar to state posters, such as:

o Minimum wage

o Paid sick leave

o Prohibitions against discrimination

• Employers must post city/county postings even if

the city/county posting conflicts with state or

federal law

2015 City/County Poster Changes

Pending poster changes based on laws already enacted:

*Minimum wage on hold until July 2016 ballot vote

• To start, each of your locations will receive a complete federal and state poster

set, which includes every required labor law posting for compliance with

federal/state general-industry posting requirements

• Our Legal Team then continually monitors all federal and state legislation and

regulatory activity to identify and interpret any potential posting changes

• Whenever a new mandatory posting is issued, your affected locations will be

notified and automatically shipped completely new, updated federal or state

posters

• Backed by our 100% Compliance Guarantee against government posting fines (with

no maximums)

®

• In addition to federal/state coverage,

we offer complete posting compliance

for:

o Federal contractor postings

o City/county postings

o Industry-specific employment

postings o Healthcare

o Restaurants

o Government/public sector

o Applicant area postings

o Full coverage for Canada

®

• Available formats:

o Laminated wall posters

o Foreign language translations

(included at no charge if

required for all employers)

o Braille and large print

o Electronic solutions for off-site

employees

o Binders for non-traditional

worksites

• You and your designated administrators have

visibility of all posting events and location

activities through our secure

www.posterguard.com website for:

Ordering online

Auditing locations

Tracking deliveries

Downloading reports

Adding/deleting/updating

Transferring coverage

Monitoring posting changes

Viewing full poster images

®

• By law, you must provide the mandatory federal

and state notices to all employees

• We’ve developed Poster Guard® E-Service for

Remote Workers to help you comply

• Ideal for employees who work from home,

telecommuters, field salespeople and other

remote workers with Internet access

• Off-site employees receive a welcome

email with simple instructions

• Employees are prompted to download,

view and acknowledge receipt of all

required postings at the time of

enrollment and with any mandatory

posting changes

• Poster Guard® tracks your employee

acknowledgments and maintains

complete records of the date and time

each employee viewed the electronic

images

®

• Many of today’s worksites lack adequate wall space for posting

all the required federal and state postings

• Poster Guard® has developed a convenient solution to

facilitate posting compliance

• All required postings compiled in a compact binder (11” x 17”)

in strict compliance with size, font and color requirements

• Replacement pages sent automatically when mandatory changes occur

• Ideal for mall kiosks, mobile service units, food trucks, valet stations,

construction checkpoints and other unique facilities without walls

For more information, please contact Sara Santiago, Compliance Specialist

954-970-5533 ssantiago@posterguard.com

January 12, 2016 11 a.m. PST / 12 p.m. MT / 1 p.m. CT / 2 p.m. EST