Human Resource Services News

:: Deidre Siegel
Director, Human Resource Services
G. R. Reid Consulting Services, LLC
Read about G.R. Reid Human Resource Management Tools  

Poster Display Regulations

As Human Resources professionals, we all know that each office is required to have posters hung in conspicuous areas displaying information regarding certain laws, but we do not always know which to display and where. The most common posters that should be hung include: 
 
 
 
•  “Employee Rights Under the Fair Labor Standards Act” Revised July 2009 describing FLSA and minimum wage
•    “Job Safety and Health: It’s the Law” Revised 2006 describing OSHA Regulations
•     “Equal Employment Opportunity: It’s the Law” August 2008 version describing EEO compliance
•    “Employee Rights and Responsibilities Under the Family and Medical Leave Act” January 16, 2009 Version
 
Available to employers on the Department of Labor website is a questionnaire that determines the required postings. Some postings may be available in “all-in-one” versions that can limit the amount of postings that are hung. While some posters are available to employers online, such as the OSHA required posting, it is important to read the requirements that are necessary to hang the poster. For example, some posters that are printable must be done on certain size paper, must be done in color, or must be laminated. In addition, there may be requirements as to where they must be hung.
 
In addition, it is important to remember that laws and regulations may change often so it is necessary to keep up with websites regarding the posters to determine if a new one needs to be hung. Some requirements may also change over time, such as the need to hang posters in dual languages over time, or poster may simply be outdated. The Department of Labor website also indicates which version can be hung and what the most recent version is.
 
For a questionnaire on what posters your worksite should hang, or about compliance assistance material, please contact us.

Human Resource Services News

: : Karen Randle, Director, Human Resource Services
631.923.1595 ext. 334
G.R. Reid Consulting Services, LLC

New York Wage Theft Protection Act

Effective April 9, 2011, this new law gives greater protection to all workers. Private sector employers are required to provide notice to newly hired employees, to employees once a year between January 1 and February 1 beginning in 2012, and within 7 days of any change if not indicated on employees’ pay stub.  While this law only applies to New York employees, it is something that other states should consider.

This act clarifies and expands the Department of Labor’s ability to enforce the Labor Law. It also develops an employee’s ability to bring complaints and private actions for violating the Labor Law and develops any solutions available to the employee.. Additionally, loopholes that may have previously existed regarding what actions constitute prohibited retaliation are eliminated.

In order to implement this law, pay notices have been created by the New York State Department of Labor for use, however employers are not required to use this form. Employers may use their own forms as long as it provides employees with the following information:

• Employee’s rate or rates of pay

• The basis of the employee’s rate or rates of pay (e.g. by the hour, shift, day, week, salary, piece, commission, or other)

• Whether the employer intends to claim allowances as part of the minimum

• The employee’s regular pay day designated by the employer in accordance with the frequency of pay requirements in the Labor Law

• The name of the employer and any "doing business as" names used by the employer

• The physical address of the employer's main office or principal place of business, and a mailing address if different

• The telephone number of the employer

• Any “such other information as the commissioner deems material and necessary.”

These notices must be given in the primary language of the employee and are provided in multiple languages by the Department of Labor.

Those covered by this law includes all exempt, non-exempt, hourly, salaried, union and commissioned employees. An employee many not waive the notice requirement but may refuse to sign the notice. It should be noted in the employee’s file. An electronic notice may be given to the employee however, the employee must acknowledge receipt of the notice and this acknowledgement must be included with the notice. Employers can face penalties from the Department of Labor if proper and timely notice is not given to employees.

Notices must be kept for 6 years and should be available for review if requested by the Department of labor. For more information about the New York Wage Theft Protection Act or details about retaliation, protected activities or penalties related to each, please contact us.