Weekly HR News – FLSA
Employment Law Posters – Increase in Penalties and New FMLA Poster
Effective July 5, 2016, a new Equal Employment Opportunity Commission (EEOC) rule more than doubles the maximum fine, up to $525 per violation, for employers that do not comply with the posting requirements under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.
Under the federal law, employers with 15 or more employees are required to post the notice stating employee rights under federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability or genetic information. These posters are required to be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.
The U.S. Department of Labor (DOL) website provides assistance for employers in deciding which federal posters are required, and provides those posters for free. State-required posters and notices can also be printed at no cost from the following websites:
Kentucky Safety Poster: https://kysafe.ky.gov/Documents/OSH-Poster-11x17-English.pdf
Kentucky Child Labor Laws: https://labor.ky.gov/Documents/KY%20Child%20Labor%20Poster%20English.pdf
Kentucky Wage and Hour: https://labor.ky.gov/Documents/KY%20Wage%20and%20Hour%20Poster%20English.pdf
Kentucky Wage Discrimination: https://labor.ky.gov/Documents/KY%20Wage%20Discrimination%20Poster%20English.pdf
Kentucky Unemployment: https://labor.ky.gov/Documents/ui_ben5_1_0108.pdf
Kentucky Equal Employment Opportunity: https://labor.ky.gov/Documents/Equal%20Employment%20Opportunitiy%20Poster%20English.pdf
Also important to note, DOL recently issued a new Family Medical Leave Act (FMLA) poster to replace the previous one that is required to be displayed by employers. Currently, the DOL is not requiring employers to replace their existing posters; however, it is important that employers review their existing FMLA policies to make sure the written policies contain all of the information and requirements contained in the new poster and update them if necessary. As with all other posting requirements, cities are required to post FMLA posters in a conspicuous place in the workplace and can face monetary fines for noncompliance.
KLC strives to notify cities of new poster requirements and changes as they occur; however, all city employers should check the above links and the federal and state Department of Labor websites frequently as the statutory laws and federal regulations can change.
For questions on wage and hour issues or other personnel matters, contact Andrea Shindlebower Main, KLC personnel services specialist.