The Equal Employment Opportunity Commissioner updated its workplace poster. Effective immediately, employers should replace their “Equal Employment Opportunity is the Law” poster with the poster available at here.
Employers should take this opportunity to check that they have the correct workplace postings to comply with state and federal law. Failure to do so can result in penalties from government agencies. In addition, in some cases, courts have allowed the employer’s failure to post a labor law poster to “equitably toll” an employee’s rights. This means the time period that starts the clock for the statute of limitations may be delayed until the employee learns of the rights outlined in the applicable poster. If it takes years for an employee to become aware of those rights, the employer may be on the hook for additional years of liability – a consequence that can easily add hundreds of thousands of dollars of liability in certain scenarios, such as class action overtime cases.
Determining which posters are needed in your workplace can be more complicated than simply ordering an all-in-one poster. Employer size, industry, and other factors determine exactly which posters are needed. This is usually a quick and inexpensive inquiry if you consult with competent labor and employment counsel. If we can be of assistance with this or any other workplace issue, please call us.