As most employers are certainly aware, on July 24, 2009, the current Federal Minimum Wage rate was increased to $7.25 per hour. This new change must now be reflected in a poster mandated by the Fair Labor Standards Act. Similarly, the Federal Government recently revised the language of a poster required by the Family and Medical Leave Act to reflect changes in the Act that were finalized in November. Consequently, now is the perfect time to remind all employers of the need to comply with the federally mandated posting requirements of various employment rights in the workplace. Some of the current federally mandated posting requirements cover the following employment rights:

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

The Occupational Safety and Health Administration requires a poster describing the rights of all employees to a safe and healthful working environment. Most employers are covered by the OSHA Act or one of its variants, regardless of size.

FAIR LABOR STANDARDS ACT (FLSA)

This poster describes the minimum wage, overtime, and child labor provisions of the Fair Labor Standards Act. Most private employers are covered by the FLSA.

EQUAL EMPLOYMENT OPPORTUNITY ( EEO)

The equal employment opportunity poster covers all the major employment discrimination laws - Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act (EPA).

FAMILY AND MEDICAL LEAVE ACT (FMLA)

This poster describes the Family and Medical Leave Act and tells employees how to take advantage of the law and how to file a complaint. The FMLA generally covers employers with fifty or more employees, as well as all schools and state and local public agencies.

EMPLOYMENT POLYGRAPH PROTECTION ACT ( EPPA)

The Employment Polygraph Protection Act prohibits, with a few exceptions, the use of lie detector tests. The Act covers most private employers.

UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

The Uniformed Services Employment and Reemployment Rights Act affords various rights and protections to persons who serve or have served in the “uniformed services” upon their reemployment when they return from duty. The Act covers most private employers.

Employers should note that posting requirements vary by statute and thus some employers may not be required to post a specific notice. Jackson & Campbell’s Employment Law Practice Group can provide guidance and assistance to all employers with compliance with the current federally mandated posting requirements as well as provide counsel on other related employment matters.