Employers must post both state and federal labor law posters so employees are aware of minimum wage, discrimination prohibitions, parental leave, and many other employee rights. Non-compliance with these posting requirements may result in monetary fines and other penalties. Understanding the specific penalties for missing posters is essential for maintaining compliance.
Federal Penalties (EEOC, OSHA, FMLA, USERRA)
| Federal Poster | What it covers | Penalty for missing or outdated poster |
|---|---|---|
| EEOC “Know Your Rights” | Employers covered by Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Equal Pay Act, and other anti‑discrimination laws must display the Equal Employment Opportunity Commission’s (EEOC) “Know Your Rights: Workplace Discrimination is Illegal” notice. | The EEOC adjusts its civil penalty each year. A 2025 final rule notes that the maximum civil penalty for failure to post this notice increased from $680 to $698 per violation. |
| OSHA “Job Safety and Health – It’s the Law” | The Occupational Safety and Health Administration (OSHA) requires employers to post this notice telling workers about their safety rights. | OSHA’s penalty schedule for 2025 lists $16,550 per violation. |
| FMLA General Notice | Employers covered by the Family and Medical Leave Act (generally those with 50 or more employees) must display a poster explaining employees’ rights to take unpaid, job‑protected leave. | Under 29 CFR § 825.300, an employer who willfully violates the FMLA posting requirement may be assessed a civil money penalty not to exceed $216 for each separate offense. |
| USERRA | The Veterans’ Employment and Training Service (VETS) administers the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects employees who serve in the Armed Forces or National Guard. Employers must provide notice of USERRA rights; posting the notice is one way to do so. | The U.S. Department of Labor (DOL) states that there are no citations or civil penalties for failing to provide the USERRA notice; however, an individual may ask the DOL to investigate or file a private enforcement action. |
State‑Level Penalties
| State | Penalty | Penalty for missing or outdated poster |
|---|---|---|
| New York Digital Posting Law | New York’s 2023 labor posting law requires employers to provide digital access to all federal and state posters via their employee portal and to display physical copies. | Fines start at $100 for the first offense, $100–$500 for a second offense, and at least $300 per subsequent offense. |
| California SB 294 | California law SB 294 requires certain employers to provide a stand‑alone notice about workers’ rights when law enforcement arrests or detains an employee at the worksite. | Violations of the workplace notice requirement carry a $500 civil penalty per employee, per violation, and failure to notify an employee’s emergency contact after an arrest can result in $500 per day, up to $10,000 per employee |
| Typical state ranges | Many states impose per violation penalties for missing posters, although some states levy higher penalties for specific notices. | Failure to display California’s Cal/OSHA poster carries penalties up to $7,000 per violation, while failing to provide Colorado’s paid leave posters can trigger penalties of $500 to $1,000 per violation (values vary by year). |
Several states impose additional compliance fines for missing or outdated notices. Some penalties apply per employee, per day, or per offense. In addition to financial penalties, state agencies may conduct audits or toll the statute of limitations on wage claims when required notices aren’t displayed.
Real Fines from Recent Cases
While poster penalties are relatively small compared with other employment law violations, missing or outdated notices often come to light during investigations into wage or discrimination issues. In several cases, investigators uncovered record‑keeping or pay violations because posters were missing.
- Delaware Restaurant Case – El Tapatio (2019): The Wage and Hour Division found that El Tapatio Mexican Restaurant in Wilmington, Delaware, paid tipped employees less than the FLSA minimum cash wage and failed to pay overtime. Investigators also discovered that the employer failed to post the required FLSA poster. A federal court ordered the restaurant to pay $128,051 in back wages and an equal amount in damages, and the court upheld a civil penalty of $8,458 for the willful violations. Although the poster penalty itself was modest, the missing notice flagged a broader investigation that cost the employer over $264,000.
- Rhode Island Nursing Care Facilities (2019): The Wage and Hour Division investigated three Rhode Island nursing care facilities and found multiple FLSA violations. Investigators noted that the facilities failed to post the FLSA poster. The investigation resulted in an enterprise‑wide settlement requiring the parent company to pay $192,622 in back wages and liquidated damages to 89 employees and $68,796 in civil penalties.
- Pregnant Workers Fairness Act Case (EEOC 2024): In fiscal year 2024, the EEOC resolved a case involving an employer that failed to accommodate a pregnant worker’s medical needs and failed to post notices describing the applicable provisions of the Pregnant Workers Fairness Act (PWFA). The investigation ended with more than $180,000 in monetary relief and required training for supervisors and non‑supervisory employees. While the settlement included other discrimination claims, the missing notice contributed to the remedy.
How to Avoid Labor Law Poster Penalties
Compliance is straightforward when employers treat posters as part of their overall risk‑management plan:
- Identify required posters: Use the DOL’s free Poster Advisor tool to determine which federal notices apply to your business. Check state labor department websites for state‑specific notices.
- Ensure posters are current: Regulatory agencies frequently update posters following changes to laws or inflation‑adjusted penalty amounts. An outdated poster is considered a missing poster.
- Display posters where employees can see them: Notices must be posted in a conspicuous place where employees gather, such as break rooms or near time clocks. For remote workers, agencies like the DOL allow electronic posting when employees customarily receive information electronically.
- Audit your postings regularly: Conduct periodic audits, especially after legislative sessions or when you open new locations. Maintain records of poster purchase dates and updates.
- Use comprehensive poster solutions: To simplify compliance, use our labor poster service. This annual service includes our all-in-one labor law poster, which includes all required notices on a single laminated poster and automatic updates when laws change.
Conclusion
Maintaining current posters is an easy way to avoid costly labor law poster fines and reputational damage. Don’t wait until a surprise inspection or lawsuit exposes gaps in your posting compliance. Avoid costly fines and get fully compliant federal and state posters today. Our labor law poster contains required federal and state notices, and subscribers will receive updates automatically when laws change.
FAQs
Can I be fined for not having labor law posters?
Yes. Failure to display required notices can result in civil penalties from federal agencies such as OSHA ($16,550 per violation), the EEOC ($698 per offense), or the Wage and Hour Division (up to $216 for FMLA posters). Avoid these penalties with a current federal labor law poster from a trusted compliance partner.