You're likely familiar with the mandatory labor law postings you’re required to display in your workplace, but did you know that's only part of the equation? Beyond these posters, you're legally obligated to directly distribute specific notices to employees in certain situations. Like posters, these notices vary by state and city – and evolve with changing laws.
Staying on top of these distribution requirements is crucial for fulfilling your legal obligations and steering clear of penalties. Let's explore why these employee notices are essential for compliance and how you can effectively navigate this regulatory landscape.
What Are Employee Handouts?
Employers must distribute mandatory legal notices directly to employees, covering various workplace laws, such as family leave, workers' compensation, sexual harassment, pregnancy and benefits. The specific details depend on applicable federal, state, county and city regulations. Like labor law posters, these notices inform employees of their rights and vary by state, with potential requirements for up to 39 notices in a single state.
Requirements change regularly and may cover foreign language provisions. This leads to the challenge of monitoring frequent changes, with up to 200 updates annually in federal and state notification requirements alone.
To complicate matters further, recent laws are now requiring mandatory notices based on company size and employee count. For example:
- The South Carolina Employment Discrimination Notice is mandatory for businesses with 15 or more employees
- The New Jersey Gender Equity Notice is required for employers with 50 or more employees
- The Connecticut FMLA Request Response Notice is mandatory for businesses with 75 or more workers
- The California Domestic Violence Notice is required for employers with 25 or more employees
Potential for Fines and Legal Risks
Like labor law postings, noncompliance penalties for these regulations are substantial. Federal violations can result in penalties exceeding $25,000 per violation for failing to provide notices or using outdated notices, with potential daily fines for delayed notice distribution. At the state, county and city levels, fines typically range from $100 to $500 per violation. Beyond financial repercussions, notice violations pose a significant risk of employee lawsuits. Failure to inform employees of their rights can lead to the loss of certain legal defenses and extend the statute of limitations for employee claims. Courts increasingly view inadequate notice as evidence of bad faith, potentially escalating damages in employment-related lawsuits – a risk heightened by improper labor law postings.
With the Mandatory Employee Handout Service, each handout includes guidelines explaining when it should be distributed and the acceptable means of distribution.
Stay Compliant, Protect Your Business
All these facts point to the importance of staying on top of the requirements and getting the right notices to employees at the right time. The Mandatory Employee Handout Service from HRdirect streamlines the management and distribution of employee notifications. The service provides easy, online access to handouts currently required for your business and offers a choice of service levels based on your specific needs.
