Labor Law Poster Violation Notice: What Employers Need to Do

Receiving a labor law poster violation notice (or a labor law compliance notice) can be a stressful and possibly expensive experience for any business owner. The violation notice indicates that the business needs to update its federal labor law posters and other compliance materials to avoid potential penalties. This post will help identify precisely what a violation notice is, actions to take after receiving a violation notice, and tips for avoiding future violations.

Understanding a Labor Law Poster Violation Notice

Notices for labor law poster violations are issued to inform employers that they have not displayed the required current federal, state, and local labor law posters. These posters are essential because they provide employees with information about their rights under applicable labor laws at all levels of government.

Most notices of violation are issued by governmental agencies such as the U.S. Department of Labor (DOL) or the Equal Employment Opportunity Commission (EEOC). Such notices typically result from an inspection, investigation, or employee complaint. In some cases, agencies like the U.S. Occupational Safety and Health Administration (OSHA) refer to these notices as a “citation.”

Regardless of which agency issues the notice, it is important to review it carefully. Pay close attention to:

• Which posters are outdated or missing
• The deadline to correct any violations
• Any potential fines or penalties if the issue is not resolved

Steps to Take After Receiving a Labor Law Poster Violation Notice

Here is what the employer must do upon getting a labor law poster violation notice:

• Verify the source of the notice. Is it an actual government agency communication or an advertisement offering updated labor law posters? Some employers may not read an advertisement carefully and may think it’s a compliance notice.
• Carefully review the notice to determine which labor law poster violations took place. After you determine what must occur for full compliance, you should note any deadlines to avoid penalties.
• Seek legal advice if needed. If the violation is complex or confusing, or you are unsure how to proceed, consult with your company’s legal team for guidance.
• Check the compliance requirements.You should contact the agency that sent the notice, and during this call, the agency can confirm the specific actions that must take place and clarify any questions you may have. You will also be able to establish ideas around timelines for compliance during this contact.
• Fix the violation. Employers should ask or request the correct poster from the agency or from a legitimate labor law poster compliance service. Once the correct poster is received, the employer shall be compliant with the violation by posting the poster in a high employee traffic area (e.g., break room, near time clocks, near an exit, bathrooms, etc.).
• Respond to the issuing agency after displaying the posters in question. If the agency asks for it, you may need to submit proof of compliance.
• Pay any applicable fees. If your violations result in monetary fines and penalties, discuss the due dates and process for submitting payments with the agency.

Sometimes, you may feel that the violation notice was sent in error. In that case, you can appeal, especially with state agencies. For example, if you are an employer in New York State, you must display the New York labor law poster . Eventually, you receive a labor law compliance violation notice from the state’s Department of Labor. The information included on the notice, however, is inaccurate. It states that you have not displayed the most recent version of New York’s Voting Notice. You do, though, have the required version hanging in a break room, which the individual who filed the complaint missed. In situations like this, you should contact the agency that sent the notice or the New York State Department of Labor (NYDOL) for additional guidance. Employers in other states can follow the same steps by contacting their state or local labor law office, such as Montana Compliance Service for Montana employers and other states as well.

How to Prevent Future Labor Law Poster Violations

• Regularly check for updates. The most common mistake of employers regarding violations is not checking for updates on federal, state, and local labor laws. All companies should assign one employee to regularly check for any such changes, or utilize a labor law poster service in order to ensure you remain in compliance.
• Utilize correct placement. If labor law posters are placed where workers cannot readily view them, they will be non-compliant with the Standards of a Government Agency. Regulations require labor law posters to be posted in common areas that are accessible to workers, such as in break rooms and at employee entrances and exits, so that workers are notified of their rights and responsibilities in the workplace.
• Educate workers. Even if all required posters are placed in proper areas, employees may not understand them. Training employees when posters are added or replaced on the subject matter and where that resource is located can be beneficial in making sure everyone understands why the information being conveyed is important.

Receiving a labor law compliance notice is not something to be taken lightly. The fact that your business may be conveying incorrect labor law information can lead to workers being unable to exercise their rights. Businesses can also face heavy fines for noncompliance. By taking the proper steps when displaying and updating federal labor law posters, you are taking proactive measures to prevent violations and establish a culture of labor law poster compliance.

Labor Law Poster Penalties and Consequences

Employers must display required labor law posters to inform employees of their rights. Missing, outdated, or improperly displayed posters can lead to fines and legal action from agencies such as OSHA, the Department of Labor (DOL), or the Equal Employment Opportunity Commission (EEOC).

Penalties for not posting required notices can range from a few hundred to several thousand dollars per violation. Repeat or willful violations, where an employer knowingly ignores the rules, can result in much higher fines or even criminal charges.

If employees are unaware of their rights because notices were not posted, they may file lawsuits for unpaid wages, denied leave, or other damages. Missing posters can also trigger audits or investigations by government agencies, which may result in additional penalties or orders for back pay.

How to Handle a Labor Law Compliance Notice Payment

If your business receives a labor law compliance notice or fine, act quickly to avoid further penalties.

• Check the violation details, amount due, and payment deadline listed on the notice.
• Employers usually have 15 working days to contest an OSHA citation or penalty. If you contest, payment is paused until the issue is resolved.
• If you do not contest, pay the fine by the deadline. Payments can be made online, which include your reporting ID and inspection number.
• If full payment is difficult, contact the OSHA Area Director to ask about an installment plan.
• Save all payment receipts and correspondence for your records.
• Unpaid fines can accrue interest and fees under the Debt Collection Improvement Act. Continued nonpayment can lead to debt collection and higher total costs.

The Role of Labor Law Poster Compliance Service Notices

Labor law posting requirements change often, so many employers use compliance services to stay updated. Our labor law poster online track updates to federal, state, and local posting laws. When rules change, we send you the updated posters so you remain compliant with the recent labor law regulations. The key benefits of using a labor law compliance service are:

• Stay up to date with changing laws.
• Avoid fines for missing or outdated posters.
• Save time, especially for businesses with multiple locations.
• Provide digital posters for remote workers.
• Receive proof of compliance for records.