Labor Law Posting in Pennsylvania – A Checklist for Compliance

The United States Department of Labor and the Pennsylvania Department of Labor and Industry both require employers to post labor law information in the workplace. Business owners and employers must ensure that their federal and state posters are up to date so that they comply with current labor law standards. The tricky part is determining which posters are required. Employment laws change all the time. Therefore, the posting requirements are constantly changing. Further, not only are there federal requirements, but also there are state requirements which vary from state to state.

The postings which are mandatory in Pennsylvania can be found on the Pennsylvania Department of Labor and Industry website and are as follows:

State Required Employee Notices

NOTICE	POSTING REQUIREMENTS	HOW TO OBTAIN NOTICE
Abstract of the Pennsylvania Child Labor Law Form No. LLC-5	All PA Employers of Minors	Department of Labor and Industry Bureau of Labor Law Compliance (717) 787-4671
Hours of Work for Minors Under Eighteen Form No. LLC-17	All PA Employers of Minors	Department of Labor and Industry Bureau of Labor Law Compliance (717) 787-4671
Minimum Wage Law Poster and Fact Sheet Form No. LLC-1	All PA Employers	Department of Labor and Industry Bureau of Labor Law Compliance (717) 787-4671
Abstract of Equal Pay Law Form No. LLC-8	All PA Employers	Department of Labor and Industry Bureau of Labor Law Compliance (717) 787-4671
Pennsylvania Right to Know Law Form No. PSF-4/4S	Public Employers (State, County, Township, etc.)	Department of Labor and Industry PENNSAFE (717) 783-2071
Unemployment Compensation Form No. UC-700 (Claim Fact Sheet)	All Employers	Department of Labor and Industry Bureau of UC Benefits and Allowances (717) 783-3140
Workers’ Compensation Insurance Posting Form No. LIBC-500	All PA Employers	Your Insurance Carrier or Department of Labor and Industry Bureau of Workers’ Compensation (717) 783-5421
Employment Provisions of the PA Human Relations Act	This poster is required to be posted by employers of four or more employees and subject to the Pennsylvania Human Relations Act.	Pennsylvania Human Relations Commission (717) 772-2845
Public Accommodations Provisions	This poster is required for public accommodations, such as restaurants, theaters and doctor’s offices. Available to accommodations subject to the Pennsylvania Human Relations Act.	Pennsylvania Human Relations Commission (717) 772-2845
Fair Lending Practices	This poster is required to be posted by lenders and by businesses where housing financing transactions are negotiated, such as banks and savings and loans. Available to accommodations subject to the Act.	Pennsylvania Human Relations Commission (717) 772-2845
Fair Housing Practices	This poster is required to be posted by owners of housing, real estate brokers and others subject to the housing provisions of the Act.	Pennsylvania Human Relations Commission (717) 772-2845

See Mandatory Postings for Pennsylvania Employers (as of Oct. 9, 2003): http://www.dli.state.pa.us/landi.

Copies of the above posters may also be available by calling the Pennsylvania Department of Labor and Industry at (717) 783-8794.

The Commonwealth requires that these notices be posted in a conspicuous place so that they can be seen and read by employees, for example, by the time clock, in the kitchen area, or any other area frequented by the employees. If the notices are not posted, the employer can be subjected to fines and penalties.

There are other important reasons to make sure all required postings are conspicuous. A disgruntled employee could make trouble for an employer in a number of ways. The employee prosecuting a labor law claim might attempt to nullify an employer’s defense by alleging that the required notice was never posted. An unhappy employee could simply call the Department of Labor and complain that required postings are not displayed. Such behavior could trigger a compliance audit, and the employer could find herself investigated for more than simply not hanging a few posters.

In addition to the above notices required by the Commonwealth, there are quite a few notices that are required by the Federal Government. Some posters of general applicability are:

Fair Labor Standards Act (FLSA) (Minimum Wage)
Family and Medical Leave Act (FMLA)
Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
Employee Polygraph Protection Act (EPPA)
Job Safety & Health Protection
Job Safety & Health Protection – Federal Agency (Occupational safety and health)
Equal Employment Opportunity Act
Notice to Workers with Disabilities

It is important to note, however, that the federal posting requirements vary by statute and that not all employers are covered by each of the U.S. Department of Labor’s guidelines. As a result, some employers may not be required to post a specific notice while others may. A helpful tool to use when determining which notices you are required to post is the Employment Laws Assistance for Workers and Small Business (elaws) Poster Advisor, can be found on the U.S. Department of Labor’s website at http://www.dol.gov/elaws/posters.htm. In addition, there may be additional notice requirements for certain specialized workplace areas or for certain occupations, apart from the poster requirements mentioned in this article. For more information about federal poster requirements or other compliance assistance matters, contact the U.S. Department of Labor, Office of Small Business Programs by telephone at 1-888-9-SBREFA, or visit the DOL poster page.

There’s no time like the present to check and see if your postings are up to date – it’s a much better alternative than answering to a Department of Labor inspector! Take a minute to look at your bulletin board. And as always, when in doubt, call the lawyers at Wolf, Baldwin & Associates, P.C. . We have experience representing both employers and employees in discrimination, sexual harassment, and other employment claims. We can also advise you about potential workers’ compensation or unemployment compensation rights. We can help victims of discrimination, and we can counsel businesses regarding actual and potential employment claims. Our lawyers can help you learn your employment law rights and protect those rights. Contact us today to schedule an appointment.