Employment and labor laws require employers to post state, federal and locally mandated posters where visible to employees that inform them of their employment and labor law rights. An employer’s failure to post such mandated posters can subject it to fines and penalties, as well as lawsuits. There have also been cases that have held that an employer’s failure to post a required labor law poster tolls the applicable statute of limitations for certain employment discrimination causes of action. Accordingly, an employer should routinely ensure that it is posting the required notices and that those notices are current and updated with the most recent version of the notice.
Illinois Posting Requirements
The following notices are mandated by Illinois law to be posted in the workplace:
- Notice to Workers About Unemployment Insurance Benefits
- Notice to Workers About Workers’ Compensation
- Equal Pay is the Law
- Illinois Dept. of Labor Notice to Employers and Employees (Minimum Wage)
- Pay Day Notice
- Pregnancy Rights Poster
- Illinois Dept. of Labor Notice to Employers and Employees (Victims Economic Security and Safety Act)
- Illinois Dept. of Public Health Emergency Care for Choking Notice (mandatory for dining facilities and recommended for places of employment where employees eat on premises)
- Illinois Employee Classification Act Notice (mandatory for construction contractors for whom one or more individuals perform services who are not classified as employees)
- Illinois No Smoking Notice
- Illinois Firearms Concealed Carry Notice (mandatory if employer wants to prohibit concealed weapons in workplace)
- Day and Temporary Labor Services Act Notice (required for All Day and Temporary Labor Service Agencies in Illinois)
Federal Posting Requirements
The following notices are mandated by federal law to be posted in the workplace:
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Equal Employment Opportunity is the Law (a version later than Nov. 2009 which includes the Genetic Information Nondiscrimination Act notice)
- It’s the Law OSHA Notice
- Family and Medical Leave Rights Act Notice (only required for employers of 50 or more employees)
- Notice to Workers with Disabilities (only required for employers who employ workers with disabilities)
- Fair Labor Standards Act (including minimum wage)
- Employee Polygraph Protection Act
- Notice of Employee Rights Under the NLRA (for federal contractors and subcontractors)
Federal law also requires that the federally-mandated notices be displayed for job applicants, as well as employees. Accordingly, an employer must usually have two sets of postings at locations where applicants and employees are located in different areas. And, where a company has a large number of employees who speak Spanish (or some other language), it is advisable to have two sets of posters – one in English and one in Spanish (or the other language).
Please note that certain public entities, industries and/or companies may be required to have additional posters. For example, government contractors are obligated to have additional posters. Therefore, it is advisable to contact an employment attorney to ensure that you are posting the correct and most up-to-date employment and labor law posters.
Don’t Forget Local Posting Requirements
Along with the other required posters noted above, employers located both in the City of Chicago and Cook County may also be obligated to post certain notices. For example, employers located within the City of Chicago must post the City of Chicago Minimum Wage Ordinance Notice (which includes the new mandatory sick leave available for employees). Similarly, Cook County employers are required to post the Cook County “Earned Sick Leave” Ordinance poster to the extent they are covered under the Ordinance.
Where to Display Required Notices and Posters
As a general matter, employment and labor law notices must be displayed in a location conspicuous to all employees at each of the employer’s work facilities. There are no specific requirements that the notices be posted in particular locations, but generally they should be placed in employee common areas, such as lunch or break rooms, where they can readily be seen by employees. Additionally, although not mandated by law, it would be prudent for companies to post these notices on their websites as well.
How to Obtain Required Notices and Posters
Most employment and labor law notices can be obtained from the responsible federal, state or local agency, downloaded from their respective websites or, alternatively, from larger commercial office supply retailers. To assist you, the following are links to several of the government websites.
*This is the first article in the "Employment Law Essentials" series. The information contained in the articles, provided by Arnstein & Lehr LLP partner E. Jason Tremblay, is for educational purposes only. It should not be construed as legal advice. If you have any questions about the article or other employment law issues, please contact Mr. Tremblay at (312) 876-6676.