As your business grows, so do your responsibilities—including labor law posting requirements. Posters probably aren't what you got into business for, but getting them right is straightforward once you know which ones apply to you.
In this article, we’ll explain the U.S. Department of Labor (DOL) and Equal Employment Opportunity Commission (EEOC) labor law poster requirements and help you determine which posters you need.
Posting the right way: Tips to help you stay compliant
Posting labor law notices is how employees learn their workplace protections, and how to act on them if they need help. Before getting into which posters are required by federal law, here are some details that you should know:
You'll need to post federal notices as soon as you hire your first employee.
Posters get revised throughout the year: minimum wage rates change, agencies update notices, new laws take effect. When a revision is mandatory, you're required to replace the affected poster with the current version.
You can print each poster yourself, or if you’re a Gusto customer, you can use Gusto Poster Compliance to get posters covering your federal and state requirements, plus printable notices for any extra industry, size, or locality requirements, and updates when laws change.
Translated versions are available for many federal posters. If you have employees who have another first language than English, it’s a good idea to also pull those for your team. Some states, such as New York, have specific requirements for translated versions of state posters.
Most of the posters don’t have specific size stipulations, but make sure they’re all large enough for people to read.
Make posters available in central locations in each separate building, floor, or worksite. Common areas, like breakrooms, and areas near time clocks are all great spots to add in a little labor law love. Keep in mind accessibility requirements and any posters that are required to be visible to job applicants.
Digital posters can sometimes be a substitute for physical ones, depending on your employees’ work situation. A few states, including New York, do require you to make postings available electronically too.
The 8 federal labor law poster requirements
Your poster requirements will vary based on the location of your business, the type of company you have, and the size of your team.
Here’s how to know which posters you’ll need to put up, according to federal law:
1. Employee Rights Under the Family and Medical Leave Act (FMLA)
Who it applies to: You're covered by FMLA if you had 50 or more employees for each working day in 20 or more workweeks this year or last. Public agencies and elementary and secondary schools are covered at any size.
What the poster says: The leave that FMLA protects, who's eligible, how to request it, and what you need to do to comply.
How to display: At every location, even if none of your employees currently qualify, somewhere employees and job applicants can both see it. If you do have eligible employees, the same information goes in your handbook, or to each new hire, if you don't have one.
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2. Job Safety and Health: It’s the Law!
Who it applies to: Private employers in a business affecting commerce. Federal, state, and local government employers use a different version. If you operate in a state with an OSHA-approved plan, you may need to post the state version instead.
What the poster says: It includes workplace safety protections for workers, and your responsibilities as an employer under the Occupational Safety and Health Act (OSH Act), administered by the Occupational Safety and Health Administration (OSHA).
How to display: Somewhere conspicuous where workers can see it. You’ll also want to make sure the poster printout is at least 8½ by 14 inches and printed in a 10-point font.
3. “Know Your Rights: Workplace Discrimination is Illegal” Poster
Who it applies to: Employers with 15 or more employees. If you hold a federal contract or subcontract, this poster also covers you.
What the poster says: This Equal Employment Opportunity (EEO) poster reminds everyone that people shouldn’t be treated differently because of who they are. Issued by the EEOC, this poster spells out the federal workplace discrimination laws that protect people at work, and tells employees how to report discrimination.
How to display: Where notices to applicants and employees usually go, and somewhere accessible to people with mobility disabilities. Unlike most posters, a digital version alone can suffice if you have no physical workplace or your employees never visit it.
4. Employee Rights Under the Fair Labor Standards Act
Who it applies to: Every employer of employees subject to the FLSA's minimum wage provisions. That's most employers with at least one employee.
What the poster says: The federal minimum wage of $7.25 an hour, overtime rules, and tip credit basics, plus child labor restrictions, protections against retaliation, and how to file a complaint. It also covers the PUMP Act rules on break time and a private space for nursing employees.
How to display: Somewhere employees can readily read it, at every workplace location. There's no size requirement, but make sure it's the April 2023 version or later. If employees only work remotely, they usually get information from you electronically, and can always access the digital version, you can replace physical with a digital copy.
5. Employee Rights for Workers With Disabilities Paid at Special Minimum Wages
Who it applies to: Employers who hold a Section 14(c) certificate from the Department of Labor, which lets you pay a subminimum wage to workers whose disability affects their productivity for the job.
What the poster says: How those wage rates get calculated, plus overtime and child labor rules, and how a worker can petition to have their rate reviewed.
How to display: Somewhere both employees and the parents and guardians of workers with disabilities can see it. You also have to tell each worker, orally and in writing, the terms of the certificate they're employed under.
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6. Employee Rights Under the National Labor Relations Act (NLRA)
Who it applies to: The rule covers federal contractors and subcontractors with prime contracts at or above $100,000, subcontracts of $10,000 or more. It applies whether or not anyone on your team belongs to a union. Most small businesses can skip it.
What the poster says: Employees' rights to organize, bargain collectively, and engage in protected activity together, or to refrain from doing so. It also gives examples of illegal conduct by employers and unions.
How to display: Wherever you customarily post employee notices. If you post other employment notices electronically, you have to post this one electronically too, on top of the physical copy.
7. Your Rights Under USERRA: The Uniformed Services Employment and Reemployment Rights Act
Who it applies to: Nearly every employer, regardless of size.
What the notice says: Job protections for people who leave to serve in the uniformed services, such as reinstatement, freedom from retaliation, and continued health coverage during and after service.
How to display: Post it where employee notices usually go, or hand it out, mail it, or email it instead, including to new hires.
8. Employee Polygraph Protection Act (EPPA)
Who it applies to: Most private employers. Government employers are exempt.
What the poster says: The ban on lie detector tests for screening or during employment, that you can't discipline someone for refusing one, and the narrow exceptions for certain security and pharmaceutical roles.
How to display: Somewhere prominent where employees and job applicants can readily see it. There’s no size requirement, and the Spanish version is optional.
Tip: To get a summary of your specific federal reporting to-dos, you can take this FirstStep Poster Advisor quiz from the DOL.
Your state and local labor law poster requirements
Once you’ve determined your federal requirements, you’ll need to investigate state and local notice requirements. Many cities and counties add their own on top of state requirements. Also, keep in mind that your obligations follow where your employees work, not where your business is headquartered. If you’re based in one state and have an employee working in another state, you need that state’s postings too, and possibly their cities. Check each state and locality’s labor department for the specifics.
Let Gusto track poster changes for you
With Gusto Poster Compliance, you'll get the right posters for every location you operate in — and new ones automatically when the rules change, so you never display an outdated notice. We provide:
Physical posters shipped to your workplace (federal and state coverage)
Digital posters for remote teams (federal, state, and local coverage)
Printable notices for any extra industry, size, or locality requirements
Updated posters when laws change (plus printable temporary notices while a new poster is in the mail)
Whether your team is on-site, remote, or hybrid, we’ll make the right posters available to the right people at the right time, so you can stay focused on running your business.
See how Gusto Poster Compliance works.
Disclaimer: “Customers remain responsible for compliance with all applicable laws. This service does not guarantee protection from all fines, may not cover all jurisdictions, and does not constitute legal advice. For specific compliance questions, please consult qualified legal counsel. See Terms of Service for details.”
FAQs
Do I need labor law posters if I'm the only person in my business?
No. Businesses with no employees generally aren't required to display labor law posters. This includes sole proprietors, LLCs without staff, and companies that rely only on independent contractors or volunteers. Once a business has even one employee, it must post the required federal and state labor notices in a visible, accessible location.
Save hours and headaches on HR tasks.
What happens if you don't post required labor law posters?
Penalties vary by notice. Title VII imposes a monetary penalty (currently $680, adjusted annually for inflation) on covered employers who fail to post the EEOC's discrimination notice. Failure to post can also be used as evidence in employee lawsuits alleging wage or discrimination violations.
Do digital labor law posters count as compliance?
Digital usually supplements physical posting rather than replacing it. A few posters allow digital-only for fully remote teams. Some states go further: New York requires employers to make all mandatory postings available electronically in addition to posting them physically.
Which labor law posters do job applicants need to see?
At least three federal notices must be visible to applicants, not just current employees. This includes the FMLA, the EEOC’s “Know Your Rights,” and the EPPA notice.
Who needs to display an E-Verify poster?
Only employers enrolled in E-Verify. Upon enrollment, employers must clearly display the E-Verify Participation and Right to Work posters in English and Spanish, in a prominent place clearly visible to prospective employees and all employees, including those hired to work in a remote setting. Commercial sale of the E-Verify poster is prohibited, so you have to print these yourself.
