Wednesday, December 28, 2011

NLRB Posting Requirement now April 30, 2012

December 23, 2011
Office of Public Affairs

The National Labor Relations Board has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule. The Board’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012.

Most private sector employers will be required to post the 11-by-17-inch notice on the new implementation date of April 30. The notice is available on the (#LP9FED) 2012 Federal Labor Law Poster - Laminated, provided by National Safety Compliance.

Wednesday, December 21, 2011

NLRB Posting Requirement update

Judge Amy Berman Jackson on December 19th heard oral arguments in the challenge to the NLRB "Employee Rights" Posting Rule pending in U.S. District Court - a motion filed by the National Association of Manufacturers. The Rule requires employers to post a notice in the workplace that informs employees of their right to organize, provides contact information for the NLRB, and lists a litany of unlawful employer conduct. It is impossible to predict the outcome of litigation based upon this judge’s reaction and questioning during oral argument; however, it is clear that Judge Jackson believes the case is a complicated one. She asked the Board to postpone the effective date of the Rule beyond January 31, 2012, as currently scheduled, because she needs more time to deal with the issues.

Argument in a similar action pending in the U.S. District Court in South Carolina will not take place until January 11, 2012.

Tuesday, December 20, 2011

2012 Labor Law Posters

As we continue to approach Christmas, National Safety Compliance has released many additional posters for 2012 compliance. The following state posters were released for 2012 with no changes made from 2011:

New Mexico
South Carolina
West Virginia

In addition to this list of states released with no changes we had the following state labor law posters released with some changes:

New Hampshire was released with Minor changes made to the Minimum Wage posting. Changes include expanded definitions for "restaurant" and "tipped employees". Also there is a statement at the top of the posting that says NH will follow the federal minimum wage. This did not change NH minimum wage. NH did have legislation passed this year that changed some minimum wage laws, but the language in the minimum wage posting was not affected by these new laws; therefore, the minimum wage posting changes are minor.

Arizona was released with a Major change to the Minimum Wage posting. The Minimum Wage has been increased which mandates an updated poster to be posted. Also, the Safety & Health posting has been updated with current contact information for ADOSH and the US Department of Labor office in Phoenix, AZ.

Montana was released with a Major change to the Minimum Wage posting. The Minimum Wage has been increased which mandates an updated poster to be posted. The new minimum wage of $7.65 per hour is effective January 1, 2012 and has replaced the $7.35 per hour minimum wage of 2011.

These 2012 Labor Law Posters are now shipping along with the 2012 Federal Labor Law Poster that includes the Employee Rights Posting required by the National Labor Relations Board (NLRB).

Friday, December 16, 2011

More states released for 2012!

National Safety Compliance has now released the following 2012 State Labor Law Posters - Laminated: Missouri, Massachusetts, Illinois, New York, Connecticut, Vermont & Maine.

Missouri was released with 3 different updated postings all with the same update. The MO Division of Employment Security has changed their logo, and it has now been placed in the following required posters: Unemployment Insurance, Workers' Compensation, & Youth Employment List.

Massachusetts was released with no changes from the 2011 poster.

Illinois was released with Minor changes to the Workers' Compensation posting.

New York was released with Minor changes to the Fringe Benefits posting. New York also updated their supplemental posting, with Minor changes, required by construction employers.

Connecticut was released with a Major change. The Connecticut Department of Labor has released a new required posting (Effective January 1, 2012) - Paid Sick Leave. You must make sure you are in compliance with state laws regarding these mandated posters. In addition to this Major change, they also released a couple postings with Minor changes: Sexual Harassment posting and the Discrimination posting.

Vermont was released with a Major change. The Minimum Wage has increased from $8.15 per hour in 2011 to $8.46 per hour effective January 1, 2012.

Maine was released with Minor changes to several postings: Sexual Harassment posting, Minimum Wage posting and the Child Labor posting.

These 2012 Posters are now shipping along with the 2012 Federal Labor Law Poster that includes the Employee Rights Posting required by the National Labor Relations Board (NLRB).

Wednesday, December 14, 2011

Texas, Virginia, Rhode Island & Kansas State Labor Law Posters

National Safety Compliance (NSC) has now released Texas, Virginia, Rhode Island & Kansas Labor Law Posters for 2012.

Texas has been released with no changes from the 2011 version of the poster. The 2012 Texas Labor Law Poster includes the following required postings: Workers' Compensation, Child Labor Law, Equal Opportunity Notice, Payday Notice, Emergency Numbers, & Ombudsman Program (Subscribers Only).

Virginia has also been released with no changes from the 2011 version of the poster. The 2012 Virginia Labor Law Poster includes the following required postings: Unemployment Insurance Notice, Workers' Compensation Notice, Job Safety & Health Protection, Federal Earned Income Credit, Virginia Earned Income Credit, & Emergency Numbers posting.

Rhode Island has been released with no Major Changes from the 2011 version of the poster. The RI Department of Labor and Training has updated the phone numbers for contacting a netWORKri center. The 2012 Rhode Island Labor Law Poster includes this updated information along with the following required postings: Parental & Family Medical Leave Act, Right To Know Law (Hazardous Substances), Prevailing Wage for Working on State or Municipal Financed Construction Projects, Minimum Wage, Unemployment Insurance & Temporary Disability Insurance Law, Workers' Compensation Act, Discrimination is Illegal Notice, Sexual Harassment Posting, It is Illegal to Smoke in this Establishment Notice, & Emergency Numbers.

Kansas has been released with no Major Changes from the 2011 version of the poster. The KS Department of Labor has updated the web site on the Unemployment Insurance Notice. The 2012 Kansas Labor Law Poster includes the following required postings: Unemployment Insurance Notice, Equal Opportunity in Employment, Equal Opportunity in Public Accommodations, Workers' Compensation, & Emergency Numbers.

These 2012 Posters are now shipping along with the 2012 Federal Labor Law Poster that includes the Employee Rights Posting required by the National Labor Relations Board (NLRB).

Tuesday, December 6, 2011

California Major Changes to Required Postings

In response to new legislation, the California Department of Fair Employment and Housing has updated 3 required postings: The "Discrimination and Harassment in Employment Are Prohibited by Law" posting, Notice "A" Pregnancy Disability Leave posting, and Notice "B" Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave posting. In order to remain in compliance with California required employee postings regulations, it is necessary that employers update their postings. National Safety Compliance has incorporated these major changes into our California posters, Notice "A" #LP9CAA for Employers with less than 50 employees and Notice "B" #LP9CAB for Employers with 50 or more employees.

The California poster, "Operating Rules For Industrial Trucks," has also been updated to include the additional Part 33 to General Industrial Safety Order 3650 Industrial Trucks. Employers of businesses using Industrial Trucks (Forklifts) are required to display this poster.

To order your updated California poster(s), visit California 2012 Labor Law Posters web site or call Customer Service at 1-877-922-7233

The Florida poster is also shipping and includes the new Florida Minimum Wage posting with the new rate of $7.67 per hour effective January 1, 2012.

To order your updated Florida poster(s), visit Florida 2012 Labor Law Posters web site or call Customer Service at 1-877-922-7233

Thursday, December 1, 2011

2012 State Labor Law Posters to be Released

Starting December 1st, National Safety Compliance will start releasing 2012 State Labor Law Posters. Ordered with the Federal Labor Law Poster, this set of 2 posters will ensure your workplace is in compliance with your state required postings, and of course the federal required postings. NSC just sent an email to announce the states that currently have Major Changes to their required postings effective in January 2012. Any change that is significant enough to mandate an employer to update their posting to ensure compliance with state required postings is classified as a "Major Change."

The following states have required changes since the beginning of this year:
  • Arizona
  • Colorado
  • Connecticut
  • Florida
  • Kansas
  • Louisiana
  • Montana
  • New Jersey
  • Ohio
  • Oregon
  • Vermont
  • Washington
Starting December 1st, NSC attempts to release 2-3 State Labor Law Posters per day, to ensure the release of all 2012 Labor Law Poster orders can be delivered to anywhere in the country by January 1, 2012 (the effective date). Check this blog to stay up-to-date on what posters are released.

Monday, November 21, 2011

Minimum Wage Changes for 2012

There have been several states that have made Major changes to their Minimum Wage posting. This includes states that have changed the Minimum Wage rate, or who have updated any significant law to the Wage posting. The states that have made a Major change to the Minimum Wage posting are the following:
  • Arizona
  • Florida
  • Montana
  • New Hampshire
  • Ohio
  • Oregon
  • Vermont
  • Washington

We expect Colorado's Minimum Wage posting to change also, but the "final rule" has not been released at this time. Please check back regularly to find out about any other changes for 2012.

You may also visit us online to see all states and their Major changes.

Monday, November 7, 2011

2012 Labor Law Poster Changes

As we look forward to the new year, we are starting to gather all the changes that happened throughout 2011. Many laws and employment regulations have been passed in legislation for numerous state and federal agencies. How will these employment laws and regulations affect the required postings already posted and how will these laws and regulations affect any new postings? Many legislative meetings will take place this month as legislators prepare to make any necessary changes for 2012.

Stay tuned to this blog to ensure you are well informed of any required Major changes effective 2012. You may also visit the following web page to view all the recent Major changes to the Federal and State Labor Law Posters.

Thursday, October 6, 2011

NLRB Posting Requirement "Postponed"

The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.

The new effective date of the rule is Jan. 31, 2012.

The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made.

Most private sector employers will be required to post the 11-by-17-inch notice, which is available at National Safety Compliance's web site.

Wednesday, September 28, 2011

Lawsuit against NLRB and its new posting requirement

On September 19, the US Chamber of Commerce along with the South Carolina Chamber of Commerce announced a lawsuit filed against the National Labor Relations Board. The lawsuit alleges that the NLRB lacks jurisdiction to issue the final rule and the new required posting violates federal law. The Board's final rule makes it an unlawful labor practice to not post the required Employee Rights posting. The Commerce contends that the final rule violates the First Ammendment, along with other Federal and regulatory laws.

The executive vice president of the Chamber's public policy law firm, Robin Conrad states "The NLRB has no authority to impose any of these requirements... This is nothing more than labor regulation run amok. Adding insult to injury, the Board’s new rule violates the First Amendment by forcing employers to use their own resources to post the NLRB’s pro-union message on the company’s own property."

The lawsuit contends the Final Rule is unlawful in the following ways:
  • The NLRB lacked jurisdiction under the Act
  • The rule allows for complaints for up to 6 months after the unfair labor practice
  • The rule violates the Administrative Procedure Act (APA) because it “arbitrarily and capriciously excludes” a notice of employee rights to be free of “compulsory union membership and compulsory union dues.”
  • The rule violates the Regulatory Flexibility Act (RFA) because the Board failed to estimate the economic impact on small businesses.
  • The rule violates the First Amendment by forcing employers to post the NLRB’s ideological views on unionizing.

Thursday, September 15, 2011

National Labor Relations Act Required Posting Now Available

The National Labor Relations Board (NLRB) poster regarding Employee Rights is now available. The poster was not expected to be released until closer to its required posting date of November 14, 2011. The 11" x 17" notice is required to be posted in a conspicuous place where other notifications of workplace rights and employer rules and policies are posted. This posting is required by all private-sector employers within the NLRB's jurisdiction, common exempted employers are agricultural, railroad and airline employers.

National Safety Compliance will be implementing this new required posting in their 2012 Federal Labor Law Poster to be released before the November 14, 2011 required posting date. They are also shipping this NLRB Posting on laminated, card stock with every Federal Labor Law Poster order until the 2012 Federal Poster is released.

Please visit National Labor Relations Board Employee Rights poster for more information.

Thursday, September 1, 2011

NLRB Final Rule to Require Posting

The National Labor Relations Board has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act as of November 14, 2011.

Private-sector employers (including labor organizations) whose workplaces fall under the National Labor Relations Act will be required to post the employee rights notice where other workplace notices are typically posted. Also, employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the Board’s notice on those sites.

The notice, which is similar to one required by the U.S. Department of Labor for federal contractors, states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.

The Board received approximately 6,500 comments during the 60-day comment period following publication of the Proposed Rule in the Federal Register, and accepted an additional 500 that arrived after the deadline. In response to the comments, some parts of the rule were modified. For example, employers will not be required to distribute the notice via email, voice mail, text messaging or related electronic communications even if they customarily communicate with their employees in that manner, and they may post notices in black and white as well as in color. The final rule also clarifies requirements for posting in foreign languages. Similar postings of workplace rights are required under other federal workplace laws.

The rule has been published in the Federal Register on August 30, and will take effect 75 days later, or on November 14.

The expected release of the updated NLRB posting is on or before November 1, 2011. To remain up-to-date of all Federal and state major changes, our Free Labor Law Opt-In Notification is available.

Thursday, February 10, 2011

Labor Laws for Spanish Speaking Employees

CALIFORNIA - February 2011 - The Occupational Safety and Health Administration (OSHA) recently hosted a free regional Latino workforce outreach and education conference in Oakland, Calif. The one-day event, attended by representatives from community organizations, organized labor, the faith-based community, educators, consulates, employer associations and others featured informational booths and several health and safety workshops. Program organizers provided training and information on OSHA regulations, and about safety and health programs, labor protections, whistleblower rights, outreach resources and training opportunities. This conference was a prelude to a Latino Worker Training and Education Fair scheduled to take place in Los Angeles in July 2011.

National Safety Compliance has developed hundreds of Spanish language workplace safety resources. Over 90% of NSC products are available in Spanish. Visit these links for more information about their safety resources.

English or Spanish Labor Law Posters

English or Spanish Safety Training Programs

Thursday, February 3, 2011

Labor Laws Regarding Death on the Job

OSHA’s Role When a Worker Dies On the Job
Occupational fatalities in the U.S. have fallen by 10 percent over the past decade. In 2002, fatality rates in American workplaces dropped by 6.6 percent to the lowest level ever recorded. In fact, on-the-job deaths have been cut in half since 1970, even though U.S. employment has more than doubled. That is the good news, but even one fatality is one too many.

Each day more than 15 American workers fail to return home to their loved ones. That is totally unacceptable. OSHA, along with safety and health professionals around the Nation, is working with employers and employees to move toward zero deaths on the job. And the agency will not be satisfied until every worker in America goes home safe and sound each day.

OSHA Fatality Inspections
OSHA regulations require employers to report deaths on the job within eight hours. Employers may call their local office or may use the agency’s toll-free number: 800-321-OSHA (6742).

The agency then investigates the circumstances of the death, usually on-site, to determine the cause of death and if violations of the OSH Act are involved. (Exceptions are when the matter is clearly outside OSHA’s jurisdiction, such as over-the-road traffic accidents and some apparent sudden deaths on the job such as heart attacks or strokes.) Depending on the nature and complexity of the incident, an OSHA investigation can take as long as six months.

If the agency determines that the employer has failed to follow safety and health requirements, it issues citations and proposed civil penalties. The proposed penalties are based on the statutory factors of employer size, gravity of the violation, good faith of the employer and the history of previous violations. The maximum penalty that can be assessed is $7,000 for each serious violation or $70,000 for a repeated or willful violation.

Therefore, OSHA penalties do not correspond to or reflect the value of a worker’s life or the cost of an injury or illness. Although oftentimes this seems unfair, OSH Act penalties are primarily designed to deter future violations.

An important consideration for the agency is to get hazardous conditions corrected as soon as possible so that no further injuries or deaths occur and the workplace complies with all applicable safety and health standards. Therefore, the agency often settles citations and penalties when this will speed abatement. This may lead to reduced penalties in exchange for prompt correction of hazards and other measures that help reduce risk to other workers and provide a safer workplace.

OSHA Assistance to Family Members
It is a national loss when a worker dies on the job. As safety and health professionals, the employees at OSHA care about all workers and share in the loss of each one who loses his or her life in the workplace. But no one feels that loss more than the grieving members of that worker’s family.

OSHA is committed to working with families to provide an accounting of the circumstances surrounding the deaths of workers and to doing everything possible to prevent future tragedies. Each OSHA Area and Regional office gives special consideration to the families and friends of workers who die as the result of workplace accidents and illnesses.

Agency representatives contact the family of the worker who died to let them know of the agency’s investigation and to arrange to provide further information as it becomes available. Investigators take into account relevant information that family members may provide concerning their loved one’s working conditions and death.

OSHA’s administrator also sends a letter of condolence acknowledging, "We realize the results of this investigation are very important to you, so we will let you know about our findings as soon as the investigation is completed." The letter includes contact information for the office handling the inspection. Family members may then request a copy of all citations, subsequent settlement agreements, or Review Commission decisions as soon as these are available.

The death of a worker leads to a very troubling and stressful time for his or her family. While OSHA is doing everything possible to provide information to families as soon as it becomes available, the agency must carefully follow procedures that will enable it to take appropriate legal action. In accordance with the Act, the civil actions that OSHA can bring are based solely on employers’ violations of safety and health requirements and not on the consequences of these violations.

Criminal Prosecution of Willful Deaths
The OSH Act also provides that where OSHA can document that an employer willfully violated an OSHA standard and that violation caused the death of a worker, the matter may be referred to the Justice Department for consideration for criminal prosecution. Any criminal prosecution that the Department of Justice pursues is usually in addition to civil citations and penalties.

Criminal referral is one enforcement tool that OSHA uses. But many cases in which willful citations are issued as a result of fatality investigations do not merit criminal prosecution. The basic reason is that each element of a criminal violation, including willfulness, must be proven to a jury beyond a reasonable doubt. By contrast, to have a civil citation upheld, OSHA may meet a lesser standard of proof—preponderance of the evidence. The Department of Labor does not refer a case that OSHA and the Office of the Solicitor do not believe can meet the higher burden of proof required for acceptance by the Department of Justice for consideration for criminal prosecution.

All U.S. workers should be aware of their right under the OSH Act. Employers should post the required OSHA posting. To obtain a poster with all of the required workplace postings, please visit this link:

Required OSHA & Labor Law Poster

Wednesday, January 12, 2011

EEOC Announces 2010 Statistics

The U.S. Equal Employment Opportunity Commission (EEOC) today announced that private sector workplace discrimination charge filings with the federal agency nationwide hit an unprecedented level of 99,922 during fiscal year (FY) 2010, which ended Sept. 30, 2010.

Despite the increase in overall charges filed with the EEOC last fiscal year, the Commission dramatically slowed the growth of the charge inventory. As a result, the federal agency ended FY 2010 with 86,338 pending charges - an increase of only 570 charges, or less than one percent. Between fiscal years 2008 and 2009, the EEOC's pending inventory increased 15.9 percent.

We are pleased to see that our rebuilding efforts are having an impact on how efficiently and effectively the Commission enforces the civil rights laws protecting the nation's workers," said EEOC Chair Jacqueline A. Berrien. "Discrimination continues to be a substantial problem for too many job seekers and workers, and we must continue to build our capacity to enforce the laws that ensure that workplaces are free of unlawful bias."

The FY 2010 data show that the EEOC filed 250 lawsuits, resolved 285 lawsuits, and resolved 104,999 private sector charges. Through its combined enforcement, mediation and litigation programs, the EEOC secured more than $404 million in monetary benefits from employers -- the highest level of monetary relief ever obtained by the Commission through the administrative process -- to promote inclusive and discrimination-free workplaces.

The FY 2010 enforcement and litigation statistics, which include trend data, are available online at

According to the FY 2010 data, all major categories of charge filings in the private sector (which include charges filed against state and local governments) increased. These include charges alleging discrimination under Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay Act; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and the Genetic Information Nondiscrimination Act (GINA). Last year, for the first time ever, retaliation under all statutes (36,258) surpassed race (35,890) as the most frequently filed charge, while allegations based on religion (3,790), disability (25,165) and age (23,264) increased. In its first year of enforcement, the EEOC received 201 charges under GINA. Historically, race had been the most frequently filed charge since the EEOC became operational in 1965.

The FY 2010 data also show:

  • The mediation program ended the year with a record 9,370 resolutions, 10 percent more than FY 2009 levels, and more than $142 million in monetary benefits;
  • The EEOC also expanded its reach to under-served communities by providing educational training, and public outreach events to approximately 250,000 persons;
  • The agency continued its concerted effort to build a strong national systemic enforcement program. At the end of the fiscal year, 465 systemic investigations, involving more than 2,000 charges, were being undertaken;
  • The EEOC resolved a total of 7,213 requests for hearings in the federal sector, securing more than $63 million in relief for parties who requested hearings. The agency also resolved more than 4,600 federal sector appeals -- 400 more than in FY 2009.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site ( To obtain the required workplaces postings including the EEOC posting, please visit:

Monday, January 10, 2011

Federal and State Minimum Wage Posters

We receive many calls from businesses who inquire about the differences between the Federal Minimum Wage and the State Minimum Wage. Most callers question why, in some cases, they are different. One example is a caller today(January 10, 2011) asked why his Federal Labor Law poster said the minimum wage was $7.25/hour and his Arizona State Labor Law poster said the minimum wage was $7.35/hour, a difference of $0.10.

To answer this question, we first explained that BOTH minimum wage postings were correct. Each state has the ability to establish its own minimum wage. The state minimum wage can be higher or lower than the Federal Minimum Wage. However, employers and businesses are required to pay the higher amount, whichever that may be. In the example above, the employer should be paying a minimum wage of $7.35/hour. Also of note is that the employer is still required to post BOTH minimum wage postings.

Notes: This blog posting is not intended to be a comprehensive discussion on minimum wage. The above statements are of a general nature and there are certain exceptions that may be applicable. Not all states have a minimum wage law or a required minimum wage posting. In states where there is not a state specific requirement, then employers should follow and post the Federal Minimum Wage.

To obtain the most recent required posters for your workplace, please visit this link:
State and Federal Labor Law Posters

Saturday, January 8, 2011

2011 Federal Labor Law Poster Changes

On December 21, 2010 there were two announced changes that will possibly affect the Federal Labor Law poster. At this time both are only POSSIBLE changes. However, the possibility on both is significant.

1. The Affordable Care Act - Nursing Mothers Law will likely lead to changes in the FMLA posting. The act is already law. However, the act itself does not require a posting, but the DOL typically amends its FMLA posting to reflect changes to the Fair Labor Standards Act. Therefore, we are awaiting notification from the DOL regarding this issue. We have no anticipated date on this one, but it will be a major change IF the DOL decides to make changes.

2. The NRLB has announced a new required posting. This requirement is currently in a 60 day comment period. After the comment period they will review the comments and then at a future date they will release a final ruling. Though this is not final, we believe it will happen. It will require a new 11x17 size posting to be added to the Federal Labor Law poster. In our mind the only real question is when will this happen. Our best guess at this point is late spring or early summer of 2011.

Please keep in mind that these are only possibilities at this time. More information will be released in the future.

For more information about labor law postings, please visit our website at:

Thursday, January 6, 2011

Annual Changes to Labor Law Posters

Each year there are hundreds of changes to the labor law postings required by each state and the Federal Government. 2010 has proven to be no exception. National Safety Compliance has tracked over 200 changes to the required employer postings.

However, the vast majority of these changes are minor. These may be phone number or website changes or other non-regulatory changes. These "minor" changes do not require a new labor law poster.

During 2010 and effective January 1, 2011 the Federal labor law postings did not incur a major change. During this same period of time, major changes only occurred in 16 out of the 50 states.

To determine if you need to update your labor law poster, please visit this link:

2011 Labor Law Poster Chart

Note: National Safety Compliance is anticipating one or more changes to the Federal Labor Law Poster during 2011. We believe these changes will become effective in the late spring or early summer of 2011. More about these changes in a later post.