North Dakota employers need to be aware that many changes in labor laws occurred during 2007, and will occur in 2008. As a result, these employers will need to update their labor law posters. The coming New Year is a good time to ensure posters are current.
One of the major changes during 2007 related to minimum wage. The federal minimum wage, as a result of the Fair Minimum Wage Act of 2007, went from $5.15 to $5.58 per hour. Nearly a dozen states increased their minimum wage on the same day.
Also, during the 2007, several other states, including Utah, Washington, Oregon, and West Virginia increased their state minimum wage.
The complete list of 2008 North Dakota labor law posters that every employer should have includes:
- Unemployment Insurance
- Minimum Wage
- Workers’ Compensation
In addition, federal law requires all employers in North Dakota to display up-to-date copies of the following posters:
- USERRA – Uniformed Services Employment and Reemployment Rights Act
- IRS Withholding Notice
- Payday Notice
- Anti-Discrimination Notice
- Equal Employment Opportunity is the Law
- Federal Minimum Wage
- Employee Polygraph Protection Act
- Family and Medical Leave Act
- OSHA-Job Safety & Health Protection
Both state and federal law require that every employer prominently display the posters in an area where they can been seen by every employee. Popular locations are a bulletin board, near the time clock or in the break room.
The most common reason for employers to update posters includes statute changes, especially to minimum wage laws.
In just the past few months, employers in New Hampshire, Nevada and Maine have updated their labor law posters as the state minimum wages changed. The most recent increase was on October 1, 2007 when the New Hampshire minimum wage increased to $6.50 per hour.
A number of changes in 2008 will require employers to update their posters during the year. The federal minimum wage will jump from $5.85 to $6.55 on July 24, 2008. On the same day, the states that raised their minimum with the last bump in the federal minimum wage will enact increases again.
More than a dozen states will increase their minimum wages on January 1, 2008. These include Delaware, Oregon, Washington, California, Florida, Iowa, New Mexico, Massachusetts, Vermont, Colorado, Arizona, Missouri, Montanan and Ohio. The lowest rates to be increased is in Montana, where the state minimum wage will increase from $6.15 per hour to $6.26. In Missouri and New Mexico, the state rate will go to $6.50.
After the increase, the nation’s highest minimum wage will be in Washington state, where the minimum wage will be $8.07 per hour. Both California and Massachusetts plan increases to $8.00 per hour, while the state rate in Oregon goes to $7.95.
Smoking in the workplace was a change that took place in 2007, in some states. Both Illinois and Ohio enacted new, tough laws banning smoking at work. Ohio employers had to post no-smoking signs at every workplace, at every entrance. In Illinois, the ban on smoking extends to nearly every place of employment, including casinos, bars and restaurants.
In Alaska a smoking related change was made to the Child Labor Laws regarding selling cigarettes. The law currently bans anyone under the age of 19 from buying cigarettes, but until October, teens could work at establishments such as gas stations and convenient stores which sold cigarettes. Concern arose that these teens when working alone, could sell cigarettes to underage pals. Partly due to this concern, the law was amended to also prohibit anyone under the age of 19 from selling cigarettes.
If companies and businesses haven’t already made the relevant changes to their 2008 labor law posters, they should do so as soon as possible. If the information isn’t updated, the employers could be considered in violation of the law and subject to a fine.
I know that we have been over employment labor and the ins and outs of labor laws countless times. But I was reviewing North Dakota’s (ND) Employment Labor Posters, and I wanted to be sure that everybody was aware of the labor laws that have to be posted in businesses throughout the state. Specifically, the North Dakota (ND) Employment Labor Posters that are required to be displayed in a prominent location. These posters are: Unemployment Insurance, Minimum Wage Law, and Workers’ Compensation Notice. If these posters are updated or changed, or if there is an addition to the required postings for the state of North Dakota, we will apprise you of those changes through this blog and through our website. The employer must immediately update their posters as soon as there is a change in the wording.
In addition to the required North Dakota (ND) Employment Labor Posters, there are several Federal laws that are required to be posted at the workplace. These include USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection.
The posters serve as reminders of the laws for both employees and employers. They tell what the law is, how it can be violated, and what to do if you see or suspect a violation. Probably the most important aspect of the posters is that they give a contact office and a phone number and/or web address for you to call. Sometimes it is difficult to locate the correct department, even within the state or federal department of labor. This can be especially important if you are an employee who is trying to be discreet in reporting a violation or in requesting an inspection.
Employees in the United States are protected against certain actions in the workplace. In North Dakota, the rights and protections of the employees are contained on the labor law posters for North Dakota. These posters must be placed in the workplaces throughout North Dakota. It’s the employer’s responsibility to make sure the labor law posters for North Dakota are displayed in the appropriate place(s).
All the labor law posters for North Dakota must be placed in a conspicuous spot in the workplace. All employees must be able to easily read the posters. If the business is large enough, it may be necessary to display the labor law posters for North Dakota in more than one place. Many businesses choose to display their posters near a time clock or in a break room.
The required labor law posters for North Dakota are: the North Dakota Minimum Wage and Work Conditions Summary Poster, the Workforce Safety and Insurance Important Notice to Employees Poster, the Job Service North Dakota Unemployment Insurance Poster, Fair Labor Standards Act (FLSA) Minimum Wage Poster, Notice – Employee Polygraph Protection Act Poster, Your Rights Under the Family Medical Leave Act of 1993 Poster, You Have a Right to a Safe and Healthful Workplace Poster, The Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster, and the Equal Employment Opportunity is the Law Poster.
Not all labor law posters for North Dakota are required in all North Dakota businesses. The required posters depend on the type and size of the business. For example, the Polygraph Protection Act Poster and the You Have a Right to a Safe and Healthful Workplace Poster are not required in public workplaces because their laws don’t apply to those specific workplaces.
It’s the job of the employer to know which labor law posters for North Dakota are required in the workplace. It’s also the job of the employer to keep the labor law posters for North Dakota up-to-date. Employers must keep track of the laws that change and then change the appropriate posters in the workplace.
North Dakota’s “This Home” program makes it absolutely essential that employers update their employment posters through a service that provides labor law posters for North Dakota. The Human Rights Division of the Department of Labor is responsible for enforcing the North Dakota Human Rights Act and the North Dakota Housing Discrimination Act. This responsibility includes investigating complaints alleging discriminatory practices and educating the public about rights and responsibilities under North Dakota anti-discrimination laws.
North Dakota employers are strongly urged by the North Dakota Department of Labor to prominently display all required posters. In 2005, the Human Rights Division began airing “This Home,” a televised public service announcement, to increase awareness among North Dakotans about state and federal housing discrimination laws and to provide information on how to contact the Division for more information or to file a complaint if necessary. The work that provided the basis for this public service announcement was supported by funding under a cooperative agreement with the U.S. Department of Housing & Urban Development. The substance and findings of the work are dedicated to the public.
All posters required by the State of North Dakota are available through services that provide labor law posters for North Dakota. Many employers fail to realize that by not displaying required posters, they are open to citations and even fines. Posters required or recommended by the State of North Dakota include:
The North Dakota Complete Labor Law Poster provides all the labor posters required by the Federal government, including the OSHA – Job Safety and Health Protection Posters. Also available are the USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, and the Family and Medical Leave Act poster.
The state of North Dakota divides the labor law responsibilities between state and federal agencies. There are six labor laws that are specifically governed by the state agencies. These labor laws are enacted to ensure that employees at all level have fair and equal rights in the workplace. Information about labor laws is included on posters that are to be posted in each employer’s place of work.
North Dakota (ND) Posting Requirements for Employers state that labor law posters need to be placed in an area of the workplace that all employees have simple access to, such as a break room. Employees must be able to view the posters without having to ask.
Furthermore, these posters need to contain the most current information about labor law rights for employees. I know that labor laws seem to change on an annual basis. Often, that is true. However, it is essential that employers communication up-to-date labor law information to their employees.
The following labor laws need to be outlined in the state labor law posters according to the North Dakota (ND) Posting Requirements for Employers: Unemployment Benefits, Workers’ Compensation, Minimum Wage and Work Conditions Summary, Child Labor Law, Human Rights Protection, and Sexual Harassment. The fist three laws are required for all employees while the last three are merely recommended.
Labor law posters are also intended to provide valuable contact information for employees. If an employee believes that his or her labor law rights have been violated, he or she should only have to read through the labor law poster to find more information about that law. Then, the employee can find contact information for the appropriate state agency by reviewing the labor law poster. Therefore, employers must replace any labor law posters that are removed or damaged so that employees can have access to information at all times.