You are on top of the employee to-do list: you have perfected the onboarding process; updated the employee handbook (and if not, shoot us an email and we can help); and even collected signed acknowledgments for the new handbook.
But have you taken a minute to read (yes, actually read) those employment posters hanging above the microwave in the breakroom?
Below is a list of the major Georgia and federal employment laws that require certain private employers to provide notices to employees about their rights under those laws, including the information and placement for those posters.
And, because we are lawyers, we have to tell you that this list contains general information and not legal advice. If you have any questions, please feel free to contact our employment law team at (770) 383-4660 or info@morganeasley.com.
Age Discrimination in Employment Act (ADEA)
- Applies to – Employers with 20+ employees
- Poster Content – Explain that federal law prohibits job discrimination based on age.
- Posting Requirements
- Physically placed somewhere conspicuous in the office (like a breakroom), along with other notices to applicants and employees
- The location must be accessible of all employees, including those with disabilities
- Posting the notice electronically (like on your company’s internal website) may also be required if there are employees who do not regularly come into the office.
- Additional Resources: https://www1.eeoc.gov/employers/poster.cfm
Americans with Disabilities Act (ADA)
- Applies to – Employers with 15+ employees
- Poster Content – Explain that federal law prohibits job discrimination based on disability
- Posting Requirements
- Physically placed somewhere conspicuous in the office (like a breakroom), along with other notices to applicants and employees
- The location must be accessible of all employees, including those with disabilities
- Posting the notice electronically (like on your company’s internal website) may also be required if there are employees who do not regularly come into the office
- Additional Resources – https://www1.eeoc.gov/employers/poster.cfm
Employee Polygraph Protection Act (EPPA)
- Applies to – Any employer engaged in interstate commerce (I.e., doing business with or ordering from companies in a different state).
- Poster Content – The poster must explain the employee’s rights under the EPPA. Note that there are additional notice requirements if you decide to ask an applicant or employee to undergo a polygraph test.
- Posting Requirements – Physically placed in a “prominent and conspicuous place” in every office location that is easily seen by both applicants and employees.
- Additional Resources – https://www.dol.gov/whd/regs/compliance/posters/eppa.htm
Equal Pact Act (EPA)
- Applies to – Nearly all private employers.
- Notice Content – The notice must explain that federal law requires equal pay, regardless of the sex of the applicant or employee.
- Posting Requirements
- Physically placed somewhere conspicuous in the office (like a breakroom), along with other notices to applicants and employees
- The location must be accessible of all employees, including those with disabilities
- Posting the notice electronically (like on your company’s internal website) may also be required if there are employees who do not regularly come into the office
- Additional Resources – https://www1.eeoc.gov/employers/poster.cfm
Fair Labor Standards Act (FLSA)
- Applies to – (1) employers with 2+ employees and $500,000+ in annual revenue and (2) employees engaged in interested commerce (I.e., ordering from or sending goods to companies in another state, etc.)
- Poster Requirements – Explain the minimum wage, overtime pay, child labor, tip credit, nursing mothers, and enforcement provisions of the FLSA (the specific content is established by the Department of Labor).
- Posting Requirements – Placed in a conspicuous location so employees can easily find and read it.
- Additional Resources – https://www.dol.gov/whd/regs/compliance/posters/flsa.htm
Family Medical Leave Act (FMLA)
- Applies to – Employers with 50+ employees
- Poster Content – Summarize the main requirements of the FMLA and outline how to file a complaint under the FLSA.
- Posting Requirements –
- Placed in a conspicuous location so that applicants and employees can easily see it
- Separate posters must placed in of the employer’s locations
- Additional Information – https://www.dol.gov/whd/regs/compliance/posters/fmla.htm
Genetic Information Nondisclosure Act (GINA)
- Applies to – Employers with 15+ employees
- Notice Content – Explain that federal law prohibits discrimination based on the applicant or employee’s genetic information or history.
- Posting Requirements
- Physically placed somewhere conspicuous in the office (like a breakroom), along with other notices to applicants and employees
- The location must be accessible of all employees, including those with disabilities
- Posting the notice electronically (like on your company’s internal website) may also be required if there are employees who do not regularly come into the office
- Additional Information – https://www1.eeoc.gov/employers/poster.cfm
Georgia Equal Pay Act
- Applies to – Any employer engaged in interstate commerce
- Notice Content – Must either be exact or “abstract” copy of this section of Georgia law
- Posting Requirements
- Physically placed in a conspicuous place (i.e., employee breakroom) in any office where an employee works.
Georgia Minimum Wage Law
- Applies to – Any employer with 1+ employees, subject to several exceptions
- Notice Content – Any order regulation or order issued under these Georgia laws
- Posting Requirements – Physically placed in an area “frequented” by employees (i.e., breakroom)
Occupational Health and Safety Act (OSHA)
- Applies to – All employers engaged in commerce
- Notice Content – Explain the protections to employees established by OSHA
- Posting Requirements – Placed in a conspicuous location so workers can easily see it
- Additional Information – https://www.osha.gov/Publications/poster.html
Title VII of the Civil Rights Act of 1964 (Title VII)
- Applies to – Employers with 15+ employees
- Notice Content – Explain that federal law prohibits job discrimination against applicants or employees based on race, color, national origin, religion, or sex
- Posting Requirements
- Physically placed somewhere conspicuous in the office (like a breakroom), along with other notices to applicants and employees
- The location must be accessible of all employees, including those with disabilities
- Posting the notice electronically (like on your company’s internal website) may also be required if there are employees who do not regularly come into the office
- Additional Information: https://www1.eeoc.gov/employers/poster.cfm
Unemployment Compensation
- Applies to – Generally, all employers doing business in Georgia.
- Notice Content – Explain employee’s rights and limitations to unemployment compensation, including the process to file for unemployment benefits
- Posting Requirements – Placed somewhere conspicuous so employees can easily see them.
- Additional Information – https://dol.georgia.gov/gdol-required-workplace-posters
Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Applies to – Any person, institution, organization, or other entity that pays wages or salary for work performed (I.e., any private employer)
- Poster Content – Explain the rights, benefits, and obligations of employees and employers covered by USERRA.
- Posting Requirements – Placed anywhere where other notices to employees are normally posted. Note that employers can also provide this notice in other cost-effective ways, like through mail or email, as long as the notice includes all of the required notices.
- Additional Information – https://www.dol.gov/oasam/boc/osdbu/sbrefa/poster/userra.htm
Workers’ Compensation
- Applies to – Employers with 3+ employees
- Poster Content
- Statement of the employer’s compliance with Georgia law, including the name of the insurance company or certificate of self-insurance, as applicable
- The State Board of Workers’ Compensation Bill of Rights for injured workers, and
- The completed Panel of Physicians
- Posting Requirements – Placed in a “prominent place” in the office.
- Additional Information – You can obtain copies of the posters by calling 404- 656-3870