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Sep 30, 2022
NEW STATE POSTER: Oregon Paid Leave
New Poster Required
The Oregon Paid Leave poster has been released. The Oregon Paid Leave poster has been released by th...Read More
Sep 29, 2022
Florida Minimum Wage Poster Change
New Poster Required
The Florida Minimum Wage poster has been updated. The Florida Minimum Wage poster has been updated t...Read More
Sep 29, 2022
Arizona Minimum Wage Poster Change
New Poster Required
The Arizona Minimum Wage poster has been updated. The Arizona Minimum Wage poster has been updated t...Read More
Sep 21, 2022
District of Columbia Time Off To Vote Poster Change
New Poster Required
The District of Columbia Time Off To Vote poster has been updated. The District of Columbia Time Off...Read More
Sep 20, 2022
Virginia OSHA Poster Change
New Poster Required
The Virginia OSHA poster has been updated. The Virginia OSHA poster has been updated to reflect new ...Read More
Aug 17, 2022
Vermont Protections for Victims of Crime Poster Change
New Poster Required
The Vermont Protections for Victims of Crime poster has been updated. The Vermont Protections for Vi...Read More
Aug 16, 2022
Colorado Fair Employment Poster Change
New Poster Required
The Colorado Fair Employment poster has been updated. The Colorado Fair Employment poster has been u...Read More
Aug 9, 2022
New Jersey Family Leave Act Poster Change
New Poster Required
The New Jersey Family Leave Act poster has been updated. The New Jersey Family Leave Act poster has ...Read More
Aug 9, 2022
New Jersey Fair Employment Poster Change
New Poster Required
The New Jersey Fair Employment poster has been updated. The New Jersey Fair Employment poster has be...Read More
Aug 4, 2022
Colorado Workers’ Compensation – Report of Injury Poster Change
New Poster Required
The Colorado Workers’ Compensation – Report of Injury poster has been updated. The Colorado Workers’...Read More
Jul 27, 2022
Rhode Island Minimum Wage Poster Change
New Poster Required
The Rhode Island Minimum Wage poster has been updated. The Rhode Island Minimum Wage poster has been...Read More
Jul 21, 2022
Washington OSHA Poster Change
New Poster Required
The Washington OSHA poster has been updated to reflect. The Washington OSHA poster has been updated ...Read More
Jul 19, 2022
Alabama Child Labor Poster Change
New Poster Required
The Alabama Child Labor poster has been updated. The Alabama Child Labor poster has been updated to ...Read More
Jul 19, 2022
Alaska OSHA Poster Change
New Poster Required
The Alaska OSHA poster has been updated. The Alaska OSHA poster has been updated to reflect new mand...Read More
Jul 18, 2022
Georgia Workers’ Compensation Managed Care Organization Poster Change
New Poster Required
The Georgia Workers’ Compensation Managed Care Organization poster has been reformatted. The Georgia...Read More
Jul 18, 2022
Georgia Workers’ Compensation Panel of Physicians Poster Change
New Poster Required
The Georgia Workers’ Compensation Panel of Physicians poster has been revised. The Georgia Workers’ ...Read More
Jul 18, 2022
Georgia Workers’ Compensation Bill of Rights Poster Change
New Poster Required
The Georgia Workers’ Compensation Bill of Rights poster has been updated. The Georgia Workers’ Compe...Read More
Jul 12, 2022
West Virginia Unemployment Insurance Poster Change
New Poster Required
The West Virginia Unemployment Insurance Poster has been updated. The West Virginia Unemployment Ins...Read More
Jul 11, 2022
Pennsylvania Minimum Wage Poster Change
New Poster Required
The Pennsylvania Minimum Wage Poster has been updated. The Pennsylvania Minimum Wage Poster has been...Read More
Jul 1, 2022
NEW STATE POSTER: Virginia Seizure First Aid
New Poster Required
The Virginia Seizure First Aid poster has been released. The Virginia Seizure First Aid poster has b...Read More
Jun 29, 2022
Hawaii Minimum Wage Poster Change
New Poster Required
The Hawaii Minimum Wage poster has been updated. The Hawaii Minimum Wage poster has been updated to ...Read More
Jun 29, 2022
District of Columbia Fair Employment Poster Change
New Poster Required
The District of Columbia Fair Employment poster has been updated. The District of Columbia Fair Empl...Read More
Jun 21, 2022
Nevada DETR Poster Change
New Poster Required
The Nevada DETR poster has been updated. The Nevada DETR poster has been updated to reflect updated ...Read More
Jun 7, 2022
Colorado Paid Leave and Whistleblower Poster Change
New Poster Required
The Colorado Paid Leave and Whistleblower poster has been updated. The Colorado Paid Leave and Whist...Read More
May 27, 2022
Oregon Equal Pay Poster Change
New Poster Required
The Oregon Equal Pay Law poster has been updated. The Oregon Equal Pay Law poster has been updated t...Read More
May 27, 2022
Oregon Domestic Violence Poster Change
New Poster Required
The Oregon Domestic Violence poster has been updated. The Oregon Domestic Violence poster has been u...Read More
May 27, 2022
Oregon Breaks and Overtime Poster Change
New Poster Required
The Oregon Breaks and Overtime poster has been updated. The Oregon Breaks and Overtime poster has be...Read More
May 26, 2022
Oregon Minimum Wage Poster Change
New Poster Required
The Oregon Minimum Wage poster has been updated. The Oregon Minimum Wage poster has been updated to ...Read More
May 16, 2022
Louisiana Earned Income Credit Poster Change
New Poster Required
The Louisiana Earned Income Credit poster has been updated. The Louisiana Earned Income Credit poste...Read More
May 16, 2022
Maine Minimum Wage Poster Change
New Poster Required
The Maine Minimum Wage poster has been updated. The Maine Minimum Wage poster has been updated to cl...Read More
May 9, 2022
NEW STATE POSTER: New York Electronic Monitoring
New Poster Required
The New York Electronic Monitoring poster has been released. The New York Electronic Monitoring post...Read More
May 2, 2022
NEW STATE POSTER: New Mexico Paid Sick Leave
New Poster Required
The New Mexico Paid Sick Leave poster has been released. The New Mexico Paid Sick Leave poster has b...Read More
Apr 27, 2022
Nevada Minimum Wage Annual Bulletin Poster Change
New Poster Required
The Nevada Annual Minimum Wage Bulletin has been updated. The Nevada Annual Minimum Wage Bulletin ha...Read More
Apr 27, 2022
Nevada Minimum Wage Daily Overtime Bulletin Poster Change
New Poster Required
The Nevada Annual Daily Overtime Bulletin has been updated. The Nevada Annual Daily Overtime Bulleti...Read More
Apr 27, 2022
Nevada Minimum Wage Poster Change
New Poster Required
The Nevada Minimum Wage poster has been updated. The Nevada Minimum Wage poster has been updated to ...Read More
Apr 26, 2022
Guam Minimum Wage Poster Change
New Poster Required
The Guam Minimum Wage poster has been reformatted. The Guam Minimum Wage poster has been reformatted...Read More
Apr 25, 2022
District of Columbia Time Off to Vote Poster Change
New Poster Required
The District of Columbia Time Off To Vote poster has been updated. The District of Columbia Time Off...Read More
Apr 25, 2022
District of Columbia Minimum Wage Poster Change
New Poster Required
The District of Columbia Minimum Wage poster has been updated. The District of Columbia Minimum Wage...Read More
Apr 22, 2022
New Jersey Payment of Wages Poster Change
New Poster Required
The New Jersey Payment of Wages poster has been updated. The New Jersey Payment of Wages poster has ...Read More
Apr 22, 2022
Iowa OSHA Poster Change
New Poster Required
The Iowa OSHA poster has been updated. The Iowa OSHA poster has been updated to reflect an address c...Read More
Apr 22, 2022
Utah Unemployment Insurance Poster Change
New Poster Required
The Utah Unemployment Insurance poster has been updated. The Utah Unemployment Insurance poster has ...Read More
Apr 21, 2022
Connecticut Managed Care Poster Change
New Poster Required
The Connecticut Managed Care poster has been updated. The Connecticut Managed Care poster has been u...Read More
Feb 24, 2022
NEW STATE POSTER: Oklahoma USERRA
New Poster Required
The Oklahoma USERRA poster has been released. The Oklahoma USERRA poster has been released by the Ok...Read More
Feb 22, 2022
Nevada OSHA Poster Change
New Poster Required
The Nevada OSHA poster has been updated. The Nevada OSHA poster has been updated to reflect new mand...Read More
Feb 22, 2022
Nevada DETR Poster Change
New Poster Required
The Nevada DETR poster has been updated. The Nevada DETR poster has been updated to reflect updated ...Read More
Feb 22, 2022
New Jersey Minimum Wage Poster Change
New Poster Required
The New Jersey Minimum Wage poster has been updated. The New Jersey Minimum Wage poster has been upd...Read More
Feb 17, 2022
NEW STATE POSTER: California 2022 COVID-19 Supplemental Paid Sick Leave
New Poster Required
The California 2022 COVID-19 Supplemental Paid Sick Leave poster has been released. The California 2...Read More
Feb 10, 2022
NEW STATE POSTER: New York Whistleblower Protection Law
New Poster Required
The New York Whistleblower Protection Law poster has been released. The New York Whistleblower Prote...Read More
Feb 3, 2022
Oregon Family Leave Act Poster Change
New Poster Required
The Oregon Family Leave Act poster has been updated. The Oregon Family Leave Act poster has been upd...Read More
Jan 31, 2022
Oregon OSHA Poster Change
New Poster Required
The Oregon OSHA poster has been updated. The Oregon OSHA poster has been updated to reflect a new la...Read More
Jan 19, 2022
District of Columbia Family and Medical Leave Act During COVID-19 Poster Change
New Poster Required
The District of Columbia Family and Medical Leave Act During COVID-19 poster has been updated. The D...Read More
Jan 13, 2022
Maine Regulation of Employment Poster Change
New Poster Required
The Maine Regulation of Employment poster has been updated. The Maine Regulation of Employment poste...Read More
Jan 11, 2022
Massachusetts Fair Employment Poster Change
New Poster Required
The Massachusetts Fair Employment poster has been updated. The Massachusetts Fair Employment poster ...Read More
Jan 10, 2022
Illinois VESSA Poster Change
New Poster Required
The Illinois VESSA poster has been updated. The Illinois VESSA poster has been updated to expand the...Read More
Jan 10, 2022
Illinois Minimum Wage Poster Change
New Poster Required
The Illinois Minimum Wage poster has been updated. The Illinois Minimum Wage poster has been updated...Read More
Jan 5, 2022
Rhode Island Whistleblowers’ Protection Poster Change
New Poster Required
The Rhode Island Whistleblowers’ Protection poster has been updated. The Rhode Island Whistleblowers...Read More
Jan 5, 2022
Rhode Island Minimum Wage Poster Change
New Poster Required
The Rhode Island Minimum Wage poster has been updated. The Rhode Island Minimum Wage poster has been...Read More
Jan 4, 2022
California Fair Employment Poster Change
New Poster Required
The California Fair Employment poster has been updated. The California Fair Employment poster has be...Read More
Jan 3, 2022
California Pregnancy Disability/CFRA Leave Poster Change
New Poster Required
The California Pregnancy Disability and CFRA Leave poster has been updated. The California Pregnancy...Read More
Jan 3, 2022
California Minimum Wage Poster Change
New Poster Required
The California Minimum Wage poster has been updated. The California Minimum Wage poster has been upd...Read More
Dec 28, 2021
New Mexico Minimum Wage Poster Change
New Poster Required
The New Mexico Minimum Wage poster has been updated. The New Mexico Minimum Wage poster has been upd...Read More
Dec 20, 2021
Colorado Paid Leave and Whistleblower Poster Change
New Poster Required
The Colorado Paid Leave and Whistleblower poster has been updated. The Colorado Paid Leave and Whist...Read More
Dec 20, 2021
Colorado Minimum Wage Poster Change
New Poster Required
The Colorado Minimum Wage poster has been updated. The Colorado Minimum Wage poster has been updated...Read More
Dec 20, 2021
Colorado Fair Employment Poster Change
New Poster Required
The Colorado Fair Employment poster has been updated. The Colorado Fair Employment poster has been u...Read More
Dec 17, 2021
New York Minimum Wage Poster Change
New Poster Required
The New York Minimum Wage poster has been updated. The New York Minimum Wage poster has been updated...Read More
Dec 17, 2021
New Jersey Family Leave Act Poster Change
New Poster Required
The New Jersey Family Leave Act poster has been updated. The New Jersey Family Leave Act poster has ...Read More
Dec 15, 2021
NEW STATE POSTER: District of Columbia Unemployment Insurance
New Poster Required
The District of Columbia Unemployment Insurance poster has been released. The District of Columbia U...Read More
Dec 15, 2021
District of Columbia Paid Family Leave Poster Change
New Poster Required
The District of Columbia Paid Family Leave poster has been updated. The District of Columbia Paid Fa...Read More
Dec 13, 2021
Louisiana Independent Contractor Poster Change
New Poster Required
The Louisiana Independent Contractor poster has been updated. The Louisiana Independent Contractor p...Read More
Dec 9, 2021
North Carolina Minimum Wage Poster Change
New Poster Required
The North Carolina Minimum Wage poster has been updated. The North Carolina Minimum Wage poster has ...Read More
Dec 7, 2021
Washington Rights as a Worker Poster Change
New Poster Required
The Washington Rights as a Worker poster has been updated. The Washington Rights as a Worker poster ...Read More
Dec 7, 2021
Washington Paid Family and Medical Leave Poster Change
New Poster Required
The Washington Paid Family and Medical Leave poster has been updated. The Washington Paid Family and...Read More
Dec 6, 2021
Michigan Minimum Wage Poster Change
New Poster Required
The Michigan Minimum Wage poster has been updated. The Michigan Minimum Wage poster has been updated...Read More
Dec 2, 2021
Missouri Minimum Wage Poster Change
New Poster Required
The Missouri Minimum Wage poster has been updated. The Missouri Minimum Wage poster has been updated...Read More
Dec 2, 2021
Missouri Fair Employment Poster Change
New Poster Required
The Missouri Fair Employment poster has been updated. The Missouri Fair Employment poster has been u...Read More
Dec 1, 2021
Delaware Minimum Wage Poster Change
New Poster Required
The Delaware Minimum Wage poster has been updated. The Delaware Minimum Wage poster has been updated...Read More
Dec 1, 2021
Connecticut Workers’ Compensation Poster Change
New Poster Required
The Connecticut Workers’ Compensation poster has been updated. The Connecticut Workers’ Compensation...Read More
Nov 30, 2021
NEW POSTER: Louisiana Pregnancy Rights
New Poster Required
The Louisiana Pregnancy Rights poster has been released. The Louisiana Pregnancy Rights poster has b...Read More
Nov 19, 2021
Maryland Pregnant and Working Poster Change
New Poster Required
The Maryland Pregnant and Working poster has been updated. The Maryland Pregnant and Working poster ...Read More
Nov 19, 2021
Maryland Minimum Wage Poster Change
New Poster Required
The Maryland Minimum Wage poster has been updated. The Maryland Minimum Wage poster has been updated...Read More
Nov 19, 2021
Maryland Fair Employment Poster Change
New Poster Required
The Maryland Fair Employment poster has been updated. The Maryland Fair Employment poster has been u...Read More
Nov 15, 2021
Minnesota Minimum Wage Poster Change
New Poster Required
The Minnesota Minimum Wage poster has been updated. The Minnesota Minimum Wage poster has been updat...Read More
Nov 10, 2021
Virginia OSHA Poster Change
New Poster Required
The Virginia OSHA poster has been updated. The Virginia OSHA poster has been updated to reflect new ...Read More
Nov 9, 2021
Ohio Minimum Wage Poster Change
New Poster Required
The Ohio Minimum Wage poster has been updated. The Ohio Minimum Wage poster has been updated to refl...Read More
Nov 9, 2021
Massachusetts Paid Family and Medical Leave Poster Change
New Poster Required
The Massachusetts Paid Family and Medical Leave poster has been updated. The Massachusetts Paid Fami...Read More
Nov 9, 2021
Arizona Minimum Wage Poster Change
New Poster Required
The Arizona Minimum Wage poster has been updated. The Arizona Minimum Wage poster has been updated t...Read More
Nov 2, 2021
Vermont Minimum Wage Poster Change
New Poster Required
The Vermont Minimum Wage poster has been updated. The Vermont Minimum Wage poster has been updated t...Read More
Nov 2, 2021
Montana Minimum Wage Poster Change
New Poster Required
The Montana Minimum Wage poster has been updated. The Montana Minimum Wage poster has been updated t...Read More
Oct 21, 2021
Kentucky OSHA Poster Change
New Poster Required
The Kentucky OSHA poster has been updated. The Kentucky OSHA poster has been updated with new workpl...Read More
Oct 19, 2021
Maine Minimum Wage Poster Change
New Poster Required
The Maine Minimum Wage poster has been updated. The Maine Minimum Wage poster has been updated to re...Read More
Oct 6, 2021
Massachusetts COVID-19 Emergency Paid Sick Leave Poster Change
New Poster Required
The Massachusetts COVID-19 Emergency Paid Sick Leave poster has been updated. The Massachusetts COVI...Read More
Sep 23, 2021
Connecticut Minimum Wage (Restaurant) Poster Change
New Poster Required
The Connecticut Minimum Wage poster for restaurant employers has been updated. The Connecticut Minim...Read More
Sep 23, 2021
Florida Minimum Wage Poster Change
New Poster Required
The Florida Minimum Wage poster has been updated. The Florida Minimum Wage poster has been updated t...Read More
Sep 15, 2021
Oklahoma Unemployment Insurance Poster Change
New Poster Required
The Oklahoma Unemployment Insurance poster has been updated. The Oklahoma Unemployment Insurance pos...Read More
Aug 31, 2021
NEW POSTER: Missouri Domestic and Sexual Violence Leave
New Poster Required
The NEW Missouri Domestic and Sexual Violence Leave poster has been released. The Missouri Domestic ...Read More
Aug 26, 2021
Massachusetts Paid Family and Medical Leave Poster Change
New Poster Required
The Massachusetts Paid Family and Medical Leave poster has been updated. The Massachusetts Paid Fami...Read More
Aug 26, 2021
Massachusetts Minimum Wage Poster Change
New Poster Required
The Massachusetts Minimum Wage poster has been updated. The Massachusetts Minimum Wage poster has be...Read More
Aug 18, 2021
Montana No Smoking Poster Change
New Poster Required
The Montana No Smoking poster has been updated. The Montana No Smoking poster has been updated to re...Read More
Aug 18, 2021
Montana Fair Employment Poster Change
New Poster Required
The Montana Fair Employment poster has been updated. The Montana Fair Employment poster has been upd...Read More
Aug 11, 2021
Georgia Workers’ Compensation Managed Care Organization Poster Change
New Poster Required
The Georgia Workers’ Compensation Managed Care Organization poster has been updated. The Georgia Wor...Read More
Federal
Aug 2016
Recent Federal Poster Changes
The last mandatory change to the Federal Labor Law posting occurred in August 2016. The current Federal Labor Law poster with the audit/revision date of 08/16 is compliant.
Sorry, we are not able to pull the labor law changes in your state at this moment. Please visit www.dol.gov for more information.
Know your legal responsibility
Posters are required by law
All U.S. businesses with at least 1 paid employee or contractor must display the most current federal and state labor law posters.
Display posters everywhere
Posters must be clearly displayed at every location, in an area where both job applicants and employees can see them.
Always be compliant
Get current, legally required posters that protect your business against fines and lawsuits with our subscription service.
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For current customers
What you need to know about labor laws
By Megan Sullivan September 5, 2019
The U.S. Department of Labor (DOL) regulates and enforces laws that protect American workers and business owners. The federal agency’s most prominent set of regulations is the Fair Labor Standards Act (FLSA), which regulates employee pay, overtime, and more. It also details any penalties and fines for violating the act.
Make sure you’re following the rules and fairly paying your employees by looking at FLSA’s fundamental elements. Let’s start with defining which workers the act covers, which ones it doesn’t, and when exemptions to the FLSA apply.
Issuing a pay stub
Employees are covered as part of a sufficiently large business or as individual workers. If you own a business with 2 or more employees and make an annual revenue of $500,000 or more, all of your employees are covered.
If your work supports a business that engages in interstate commerce, you’re generally covered. This can be as apparent as regularly crossing state lines, or as subtle as routinely corresponding with people in different states. If your employees are covered, you need to determine whether or not they’re exempt or non-exempt from all or none of the FLSA’s provisions.
Exempt vs. non-exempt
If your employees are covered it doesn’t necessarily mean every single FLSA provision applies to them. Depending on an employee’s job description, work schedule, pay schedule, and age, an employee can be partially or wholly exempt from FLSA regulations. The FLSA covers minimum wage, overtime, and child labor regulations. Covered workers can be either exempt or non-exempt from 1 or all regulations.
A substantial portion of the U.S workforce is classified as non-exempt from the FLSA. Therefore, your business will be responsible for following the relevant regulations for your employees’ wages, overtime rules, and child labor regulations. Unless your employees fall into the categories provided by the FLSA, they are likely non-exempt.
However, some workers are exempt from the FLSA in part or as a whole. Exemptions are made based on your business’ industry, including job description, schedule, and age. Some exemptions are broad, such as the overtime exemption for “computer professionals” and certain workers that are paid on commission. Some are really specific, like the exemption for newspaper delivery. Because children delivered newspapers in the early 20th century, there are exemptions for minimum wage, overtime, and certain child labor regulations.
Now that you have an idea of how coverage and exemptions work, let’s see how the following regulations might apply to your workforce.
Minimum wage
The FLSA provides parameters for the federal minimum wage, which is the minimum per-hour amount that non-exempt workers can be paid for work performed. The current federal minimum wage is $7.25 per hour. Some states also have a minimum wage law that might be higher than the federal rate. In all instances, a worker must be paid whichever rate is higher, whether it’s the state or federal rate.
- Minimum wage exceptions are made for specific worker types, including workers with disabilities, full-time students, workers under the age of 20, tipped employees, and student learners.
What’s not covered under the FLSA? Pay raises above the federal minimum wage, as well as extra compensation for night, weekend, or holiday work are not covered. Any such increase is generally determined by an agreement between the employer and the employee.
Tipped employees
A tipped employee regularly receives at least $30 in tips over the course of 1 month. In this case, employers are not required to pay these employees the federal or state minimum wage. The FLSA mandates that employers of tipped employees must pay them an hourly rate of $2.13 per hour. The intention is that any tips received by the employee will supplement the federal hourly tipped minimum wage pay to equal a rate of $7.25 per hour.
Many states have provisions in place specifically for compensating tipped employees. If you employ tipped workers, be sure to carefully review these rules. As with the normal minimum wage, tipped employees are entitled to the highest rate, whether mandated by the federal or state government.
Time off
The FLSA does not contain provisions for paid time off, including vacation, sick days, or holidays. There is no federal requirement for small businesses to offer these benefits to their employees, but some state legislatures have discussed doing so. Offering paid time off is your choice, and by doing so you can attract and retain top talent.
Paid breaks
No federal law requires businesses to provide paid breaks to employees. The FLSA states, however, that short breaks (periods between 5 and 20 minutes) should be included in an employee’s regular working hours as compensable time. In contrast to the federal government, many states require workers to receive a certain number of paid breaks per hours worked. Currently, these states include California, Colorado, Illinois, Kentucky, Minnesota, Nevada, Oregon, Vermont, and Washington. Check with your state’s labor office as these laws may change.
Paid meal periods
No federal law requires companies to provide workers with paid meal periods, but many states do have such laws. These states are California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Tennessee, Vermont, and Washington. Many of these states have implemented separate regulations for different industries, so be sure to read all the requirements carefully.
Overtime
The FLSA mandates that a non-exempt worker receive time-and-one-half (50% more than their regular hourly pay) for hours worked after 40 hours within a week. Additionally, there is no federal law that requires double-time pay for hours worked. There are some exceptions for certain industries. These are relevant for public services such as police officers and firefighters employed by public agencies and hospitals and nursing homes. In addition to FLSA overtime regulations, some states have further provisions regulating overtime compensation and rules.
Child labor
Children under the age of 14 cannot be employed for most jobs. However, many exceptions exist. At any age, children are permitted to deliver newspapers, perform in radio, television or movies, work in businesses owned by their parents (except mining or hazardous work), babysit, or perform minor chores in a private residence. There are special considerations outlined for agricultural employment. Many states also have specific age requirements for child labor.
When making hiring and compensation decisions, be sure to closely examine your state’s labor laws as well as the FLSA to make sure you’re in compliance. Failure to do so may result in hefty fines and can open up your business to possible legal action by current and former employees.
6 labor law tips to help you stay in compliance
By Cathie Ericson September 5, 2019
When you started your business, you probably thought you’d spend all your time doing what you love—like sell jewelry, build apps, or run a bakery. Whatever your craft, one things is certain. You’re established and now you need to hire employees. It’s a big responsibility. You want to treat your staff well and retain great talent but you also want to make sure you’re following labor laws.
It can be tricky to navigate, which is why we’ve put together 6 labor laws tips you must consider when hiring on employees:
Accurately classify your workers—1099 vs. W-2
Under the Fair Labor Standards Act (FLSA), which also includes guidelines on minimum wage, overtime, and child labor, there are 2 ways to classify the people who work for you.
- 1099: These workers are independent contractors who are responsible for handling their own taxes. As an employer, you are not responsible for paying the employer’s portion of Social Security or Medicare taxes, nor do you have to pay the premiums for workers’ compensation or unemployment insurance. You are not responsible for paying overtime, unless that is part of the agreement with your contractor. However, you are responsible for reporting the contractor’s income through a 1099 form filed at the end of the year.
- W-2: These employees are guaranteed various protections that 1099 contractors are not. For W-2 employees, you are responsible for handling Social Security and Medicare withholdings, paying state and federal taxes and other applicable payroll taxes, and paying for workers compensation and unemployment insurance. You are also required to pay at least minimum wage and overtime. Failure to meet any of these requirements can result in fines and sanctions from the IRS.
The IRS has a detailed description of employer responsibilities to W-2 employees. If you’re unsure of the status of your current workers, check out the 1099 vs. W-2 employee calculator. If you don’t know which type of worker is better for your business, here’s a detailed breakdown of the difference between 1099 and W-2 employees.
Make sure labor law posters are visible
Businesses of all sizes are required to display federal and state labor law posters at every location. Posters must be placed in a highly-visible location where someone might work. This includes your garage, home office, or anywhere else work might happen. Many business owners use a Poster Compliance Service to get automatic deliveries of up-to-date federal and state posters when laws change. With an average of 75 law changes a year, it’s nice to have someone else tracking the ones that apply to you.
Follow all anti-discrimination laws
Anti-discrimination laws must be considered through the hiring, management, and termination lifecycle of an employee. Violation of these laws come with hefty fines. The United States Equal Employment Opportunity Commission (EEOC) protects employees from discrimination based on:
- Race
- Color
- Religion
- Sex (including pregnancy, gender, and sexual orientation)
- National origin
- Age (40 or older)
- Disability or genetic information
Maintain workplace safety
The OSH Act requires employers to provide safe workspaces that are free of any known dangers. Depending on the business, this can include providing safe equipment, protective wear, and safety training, or installing compliant emergency stations. OSHA provides free consultations to make sure your working environment is safe.
Find a great workers’ comp policy
Workers’ compensation is there in the unfortunate event of an emergency. Most states require you carry workers’ comp insurance, which can protect you and provide for your employee(s) in the event someone is hurt on the job. This handy chart tells you how to be compliant in your state, and Intuit’s Workers’ Comp Service can help you choose the right plan for your business.
Inform employees about affordable healthcare
While the “individual mandate” component has been removed from the Affordable Care Act (ACA or Obamacare), there are still a number of requirements in effect for small business. You need to supply your employees with information about the Health Insurance Marketplace, regardless of whether or not you provide health insurance. Learn more about how the ACA affects small businesses.
Your employees are worth it
There’s a lot to celebrate about hiring and paying employees! It’s also a lot of responsibility—they depend on you for their livelihoods and you depend on them to help your business thrive. By following the advice above, you’ll be on the right path to set your employees and your business up for success.
How to save big and protect your business with updated labor posters
By Dottie Chong September 12, 2019
QuickBooks Payroll surveyed more than 1,000 small business owners across the U.S. to see if businesses are familiar with federal labor law poster requirements. Here’s the good news—79% say they know labor law posters are required by law. But 20% aren’t in compliance, meaning they never update posters when labor laws change or they don’t display them at all.
Small businesses are more compliant than big businesses
People assume bigger organizations are on top of laws and regulations. But among the 32% of businesses that update their labor law posters when laws change, a third have between 1 and 5 employees. Businesses with more than 500 employees make up just 11% of this group.
Many businesses simply don’t know the regulations
15% of respondents say they don’t display labor law posters in the workplace. Of these, 47% confess they are unaware it’s mandatory. Nearly 7% say they display labor law posters in the workplace but never update them.
Being non-compliant comes at a price
Penalties for not displaying labor law posters are expensive.
The top 3 penalties:
- 19% – $501 to $1,000
- 16% – $101 to $500
- 15% – $1,001 to $2,500
Of the businesses that didn’t confirm or deny knowing labor law poster requirements, 1 in 10 were previously fined.
Preventive measures come in many forms. While the economy continues to
experience this unprecedented boom, it’s easy to overlook the importance of an
emergency fund
to counter unexpected expenses (such as labor fines). In this case, help can
be as easy and affordable as a labor law poster subscription service.
*Methodology: QuickBooks Payroll commissioned Pollfish to survey anonymously 1,067 adult business owners in the U.S. with internet access who were rewarded for their participation. The poll was conducted between June and July 2019, and the margin of error is ±5 percentage points. The margin of error is larger for subgroups.
QuickBooks Payroll welcomes the re-use of this data under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium provided the original source is cited with attribution to “QuickBooks Payroll.”
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