Mandatory Employment Law Notices
Have you ever been in a business and seen a large bulletin board full of workplace notices?
Short answer is yes, you probably have at some point. And chances are you simply glazed over it. But when it comes to running your own business, these seemingly archaic notices can be more than useful– in fact they’re mandatory!
Many employers do not realize they need to post Mandatory Employment Law Notices. Both state and federal law requires various notices to be posted conspicuously in the workplace. Going a step further, some cities (for example, Santa Fe, NM) also require that certain notices are posted. Posting them is an important (and required!) reminder to both employers and employees of some of the most important employment laws. As is such, we’ve compiled a brief list of postings that may pertain to your business.
And, as always, feel free to contact us if you have questions.
Federal laws require that the following notices be posted:
- Federal Minimum Wage (Fair Labor Standards Act)
- Equal Employment Opportunity
- Job Safety and Health Protection (OSHA)
- Employee Polygraph Protection Act
- Family Medical Leave Act
- Uniformed Service Employment and Reemployment Rights
- Immigration Reform and Control Act
Most of these laws are fairly well known. Employee rights to be paid a minimum wage, to be free of discrimination, to enjoy a safe workplace, and to be able to take medical leave. But did you know there was a federal law protecting you from being forced to take a lie detector test? There is, and your business is required to post a notice about it.
In addition to the federal notices, employers are required to post a number of notices regarding state laws. For the purpose of this article, we have outlined the requirements for New Mexico laws:
- New Mexico Minimum Wage Act
- Discrimination (N.M. Human Rights Act)
- Health and Safety (N.M.’s version of OSHA)
- Worker’s Compensation and Notices of Accident
- Human Trafficking
- Unemployment Insurance
- New Mexico Whistleblower Protection Act
The substance of these notices is very similar to the federal notices. It is worth noting that many of the laws do not specify a penalty for failing to post the required notices, but the N.M. Occupational Health and Safety Act states that the penalty for failing to post the notice is a civil fine “not to exceed seven thousand dollars.”
Your business is required to post federal, state and city/county specific notices.
Cities and Towns
Cities and towns can also require your business to post notices. Many municipalities, including Albuquerque, Santa Fe, Bernalillo, and Las Cruces have city minimum wage ordinances, and each requires businesses to post minimum wage notices. Other municipalities may impose additional or different requirements.
You’re Going to Need a Bigger Bulletin Board
As you can see, employers are required to post are a lot of notices. Fortunately, the New Mexico Department of Workforce Solutions (DWS) maintains a web page with links to printable PDFs of many of the notices. You can also obtain a poster with the seven of the federal notices from your local N.M. Workforce Connection office (pictured above). There are over a dozen required notices, so you are going to need a big wall to post all of them! Feel free to contact our office if you have questions about any of the Mandatory Employment Law Notices or about the laws they explain.