Spanish Labor Law Posters: Are They Mandatory?

Knowing exactly which labor law posters an employer is required to display gets trickier every day. Not only must you know which federal, state and local postings are required for your business, but you are also responsible for following complex rules about where to post them, at what size and when they must be updated. Increasingly, Spanish labor law posters are also required to be posted for employees.

That’s right, it’s likely you should (or must) post certain labor law posters in both English and Spanish. The goal is to make sure all employees fully understand their rights, and displaying translated posters for employees who are not fluent in English supports that goal. More importantly, displaying Spanish labor law posters provides you with an extra layer of protection in the event of a legal dispute.

Spanish Labor Law Posters: To Display… or Not?

Many employers mistakenly believe they are not required to display foreign language labor law postings if their entire staff speaks English. The truth is, nearly half of all states require businesses to display certain labor law postings in both English and Spanish, regardless of workforce demographics.

In addition, businesses that are subject to the federal Family and Medical Leave Act (FMLA) must display the FMLA posting in Spanish if they have a “significant portion of workers” who are not literate in English. The law does not define “significant portion,” so a good rule of thumb is to include the Spanish translation of the FMLA posting if more than 10 percent of your workers speak Spanish as their primary language.

Confusion often occurs because there is no mandate to display all posters in Spanish. But just one slip-up could have serious consequences if a Spanish-speaking employee files a complaint that involves not understanding their legal rights. As a result, employment law experts advise employers to err on the side of caution and post all employee notices in Spanish if they have any workers who are not fluent in English.

According to the US Census Bureau, it is estimated that over 41 million US residents, or 13.4% of the population, speak Spanish at home.

Several local municipalities also have foreign-language requirements for labor law posters, so it’s wise to check with local authorities regarding what you are required to post in multiple languages. (Or, use a reliable poster service that guarantees compliance with all federal, state, county and city posting laws — see below.)

One word of caution: Relying on non-legal experts to translate labor law posters can be risky, as they may not be familiar with the intricacies of the regulations. As a result, you can end up with non-compliant posters that don’t reflect the true intent of the issuing agencies and the underlying laws.

Rules for Locations with Spanish-Speaking Employees

If you have a significant number of Spanish-speaking workers at your office who don’t speak English proficiently, you must display all federal postings in both English and Spanish.

Because the law isn’t clear on a "significant number" of Spanish-speaking workers, employers are often unsure about how to proceed. It’s a best practice to display federal postings in Spanish if they affect 10 percent or more of the staff at any given location. The same, or stricter, guidelines apply with certain state and city/county postings, where postings should be displayed in any language spoken by 5-10 percent or more of employees, or that affect at least five employees. For example, these eight states plus Washington, D.C. require certain posters be displayed in Spanish if an employer has a certain number of employees who are not literate in English: