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Every employer in Rhode Island should take a few minutes during this busy season to update his or her 2008 Rhode Island labor law posters.

The past year has brought myriad changes in labor law throughout the nation. And, more changes are on the way. California, Washington, Oregon, Colorado and ten other states will be raising their state minimum wage as of January 1, 2008.

Many of these changes affect labor law posters, which is why it’s important to update the posters at least once per year.

For 2008, the state has introduced a new poster. Rhode Island employers are now required to display a No Smoking Notice in every workplace in the state.

The official list of required 2008 Rhode Island labor law posters include:

• No Smoking Notice
• Family/Medical Leave Act
• Minimum Wage
• Right-to-Know
• Discrimination Notice
• Unemployment Insurance
• Sexual Harassment
• Workers’ Compensation

In addition to the state posters, federal law requires that every Rhode Island employer display a number of posters. 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
• OSHA-Job Safety & Health Protection

A number of these posters have been updated for 2008.

Many labor law poster changes throughout the nation related to minimum wage increases this year, or next year. West Virginia and Illinois will increase their minimum wages on July 1, 2008. Illinois’s current minimum will jump from $7.50 to $7.75, and West Virginia’s will go up from $6.55 to $7.25 per hour.

On July 24, 2008, the new federal minimum wage of $6.55 will be introduced. States like Texas, Nebraska and others that tie their state minimum wage to the federal minimum wage will bump up their state minimum wage.

Several states including Washington, Oregon, New Mexico and others established laws that provide an annual cost-of-living increase for the state minimum wage. States often tie this increase to the Consumer Price Index for urban and clerical workers. Florida just recently passed such a law and will apply their first “cost of living” raise on January 1, 2008, bumping their current wage from $6.65 to $6.79 per hour.

The rank of highest state minimum wage goes to Washington at $8.07 as of January 1, 2008. California and Massachusetts aren’t far behind each with $8.00 per hour. Oregon’s wage ranks in the top five with $7.95 per hour.

There’s not much difference among the state minimum wages in the top five, but the difference across the country is amazing. The state minimum wage in Kansas hasn’t budged since the 1980s, and ranks as the lowest at $2.65.

But Kansas isn’t the real bottom of the range. That honor belongs to Mississippi, Alabama, Louisiana, Tennessee and South Carolina, which don’t have a state minimum wage at all. That means an employer not covered by the federal minimum wage can pay–by law–its workers whatever it wants, even as low as 25 cents an hour. Of course, it’s doubtful anyone would take a job at that wage, but the legal capability exists.

In other changes to labor law in 2007, Illinois also enacted a tough law regarding smoking. Almost every work environment, even restaurants bars and casinos are now non-smoking. Labor law posters will need to be updated as a result of these changes.

Until October, teens in Alaska could be employed by a gas station or convenience store that sold cigarettes. And though it was already illegal in Alaska for anyone under the age of 19 to buy cigarettes, people were concerned that these teens could be selling cigarettes to friends who might be underage. The Child Labor Laws, therefore, were amended to prohibit anyone under the age of 19 from selling cigarettes.

In addition to the changes in 2007, more changes are scheduled to occur in 2008.On January 1 and July 1, 2008, over 20 states will increase their state minimum wage.

In Rhode Island the labor Board requires that you have a Rhode Island State Mandatory Poster up and available to all of your employees. Not only must this poster be posted but it is required to be current as well as updated as necessary. These items serve as tools to both you and your employees as they will be teachers and notices to keep you aware of the laws and what it is you can and cannot do in the workplace. The Rhode Island State Mandatory Posters are simple things that when used properly and kept updated can keep you as the employer out of a lot of trouble. By simply having these things and keeping them up and going you will be able to avoid being no tin compliance and out of trouble with the labor board. If you are not in compliance you could have fines levied against you or worse depending on the violation.

There are many laws that need to be posted on your Rhode Island State Mandatory Posters. Some of these laws are the No Smoking Notice and the Family Medical Leave Act. Other laws that need to be posted on the poster are Minimum Wage, Right to Know and the Discrimination Notice. The last required laws for your Rhode Island Required Posters are Unemployment Insurance, Sexual Harassment and Worker’s Compensation. All of these are laws that are there to inform employees of their rights and privileges as workers in Rhode Island.

Remember if you do not keep your poster updated and compliant you will be breaking the law. This is something that we should all be aware of and realize. The poster is not just something we put out and forget about. It is something that we use all the time in order to keep informed and aware as employees and employers.

Today is the ideal opportunity for employers and employees to look at the Rhode Island Posters on display at the worksite, double-checking to see if any changes have been made to labor laws and employee rights that are not reflected in the posters. I have put together this brief summary to help you understand the state and federal requirements for Rhode Island Posters. I hope my research on this important topic will answer some of the questions you may have about posting requirements.

Remember, the employer has the responsibility to make sure that the current Rhode Island Posters are on display in a place where workers generally gather. Typically, this would be a place such as a break room, lunchroom, or other common gathering place. By doing this, the employer is able to provide the employees with the most current information while also being prepared for a labor inspection just in case Rhode Island Posters be the subject of an inspection or audit.

State requirements for Rhode Island Posters are No Smoking Notice, Family/Medical Leave Act, Minimum Wage, Right-to-Know, Discrimination Notice, Unemployment Insurance, Sexual Harassment, and Workers’ Compensation. On this list, the No Smoking Notice requirement is new, as it is now mandatory that a notice be clearly visible at the place of work so that employees will know that smoking is prohibited. This is an example of how laws can and do change.

By having current Rhode Island Posters clearly displayed, this information is passed on to employees and no one can say they were not notified. In addition, the Right-to-Know requirement refers the law that requires employers to inform workers if there are hazardous substances in the workplace, obviously, another vital piece of information to all employees.

On the federal side, the requirements for Rhode Island Posters are 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. USERRA refers to those who choose to go into the armed forces, reserves, and National Guard and provides protections for these individuals while balancing this with the needs of the employer for a reliable work force.

A key item in USERRA provides that someone who chooses to go into the military but does not make a career of it can return to claim their civilian job. As you can see, having this type of information could be highly beneficial for a number of employees. Again, by taking the time to post the most up-to-date Rhode Island Posters, putting them on display at the worksite, information is disseminated, as it should be.

According to the new Rhode Island Labor Law posters, as of March 1, 2006, the minimum wage is $7.10 per hour. It will increase to $7.40 as of January 1, 2007. Exemptions include Minors, 14-15 years of age working 24 hours or less. They may be paid 75% of the minimum wage, which is $5.325 per hour. If a minor works more than 24 hours, all hours must be paid at the minimum wage.

Other exemptions stated in the Rhode Island Labor Law posters include: Individuals working in or about a private home, traveling salespersons or outside salespersons, individuals employment by his/her son, daughter, spouse and services performed by a child under the age of 21 in the employ of his/her mother or father, persons employed between May 1 and October 1 in a resort establishment which regularly serves meals to the general public and which is open for business not more than six months a year, persons employed by an organized camp which does not operate for more than seven months in any calendar year.

Wait staff must be paid at least $2.89 per hour and the amount of tips received must bring this amount to $7.10 as of March 1, 2006, and $7.40 as of January 1, 2007, for all hours worked.

Hours worked in excess of 40 per week are to be paid at time and one half the worker’s regular rate of pay.

The Labor Standards Division is charged with administering and enforcing the Labor Laws that affect the workforce within the State of Rhode Island. This division investigates wage complaints throughout the State of Rhode Island with regard to compliance with issues such as Child Labor, Minimum Wage, Overtime, Sunday/Holiday Premium Pay, Parental and Family Medical Leave and Industrial Homework, as well as the process used with regard to hiring of Minors, investigating suspected violations and ensuring compliance of the law.

In my research, I noticed that the state of Rhode Island has a new No Smoking Notice. The new law states that smoking in the workplace is now prohibited throughout the state. This takes effect immediately, and there must be a poster to state this law displayed in the workplace. The poster has to be put in a location that is visible to employees, to serve as a reminder about the law and the penalties for not adhering to it.

Additionally, the state of Rhode Island is requiring that employers use the new, revised Sexual Harassment and Discrimination is Illegal posters. The Rhode Island (RI) Employment Labor Posters that are required to be placed in the work environment are all of these, as well as the Family/Medical Leave Act, Right-to-Know law, Unemployment Insurance Law, and Workers’ Compensation Notice. Also the required Rhode Island Minimum Wage poster has changed, because effective in March 2006 the minimum wage increased to $7.10 per hour. It will be increased again to $7.40 an hour in March 2007. So if you are using old posters, you will need to update them right away.

You probably know that the state has different poster requirements than the Federal government. Federal Employment Labor Laws that must be posted 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.

I mention these because, if you are an employer, it’s vital that you keep track of the changes and replace your posters. Otherwise, you are not in compliance with Rhode Island Employment Labor Laws. Our blog and website are both tools that busy employers can use to help them keep track of the many changes in labor laws and poster requirements.