labor lawAdivision of labor law center

Now is the time for every busy employer to update their 2008 Virginia labor law posters.

The past year was a hectic one in the field of Human Resources, with a number of important changes to labor law. These include a new I-9 form to be used by all employers effective December 26, 2008. Employers who fail to use the new I-9 form, or display the updated posters, face hefty fines and penalties.

The updated list of 2008 Virginia labor law posters is:

• OSHA-Health and Safety Protection
• Discrimination Notice
• Unemployment Insurance
• Workers’ Compensation

Every employer in the state is required by law to display these posters where applicants and employees can see them.

In addition, each employer in Virginia must display the following federal labor law posters:

• 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

Under both federal and state law, these posters must be updated each time there is a change in legislation.

A change in the federal minimum wage on July 24, 2007 required that the Federal Minimum Wage posters be updated. On that date, the federal minimum wage increased for the first time in more than a decade. The rate went from $5.15 per hour to $5.85 per hour, an increase of 70 cents. 

Labor law poster serve as a handy reminder for supervisors and employees alike. They provide important information on the minimum wage, worker safety, medical leave and child labor laws.

It seems as if no two states in the U.S. are alike when it comes to overtime laws or the minimum wage for tipped employees. That’s why the states require different state labor law posters, in addition to the federal posters.

In both cases, some have no laws, and follow federal law. Some are more generous to workers. On rare occasions, they are less so.
The federal minimum wage rate for tipped workers is now $2.13 an hour. Some states follow the federal rate. Among them are Kentucky, Indiana, and Nebraska, which also set the rate at $2.13.

Other states offer just a little more than the federal rate. For example, Wisconsin is $2.33 an hour, North Carolina is $2.43, Michigan is $2.65 and Massachusetts is $2.63.

Kansas, on the other hand, is lower than the federal rate. Its minimum wage for tipped workers is only $1.59 an hour.

Essentially, employers are getting “tip credits,” or the right to offer a lower than normal minimum wage because the workers in these fields receive tips which are supposed to compensate.

Under federal overtime law, workers get 1.5 times their normal pay for any hour over 40. Delaware, Florida, Idaho, Arizona, and Georgia are among states with no laws of their own. They’re covered by federal law, which does not guarantee minimum wage for every kind of worker, regardless of number of hours worked.

Some states just reflect federal law requiring overtime pay after 40 hours, like Michigan and Massachusetts. Nebraska mirrors the federal law, then extends it to any business with 4 or more workers. Kansas overtime doesn’t activate until after 46 hours in a week, while Minnesota’s overtime is triggered at 48 hours.

California offers the most stringent overtime laws. Workers are entitled to overtime after 8 hours in a day or 40 hours in a week. Working 7 consecutive days guarantees an employee overtime on the 7^th day. Double-time (twice the normal hourly rate) kicks in after an employee works 12 hours in a single day, or 8 hours on the 7^th consecutive workday.

Colorado workers get overtime after either a 40-hour week or a 12-hour day. In Kentucky, overtime pay activates after 40 hours and on the 7^th consecutive workday regardless of how many hours the employee works in that day.

Labor laws saw a lot of changes during 2007. As the New Year approaches, Virginia employers should take the time to ensure that their labor law posters reflect these changes.

Virginia employers need to understand that many of the changes apply to them as well, and that their posters need to be updated.

The updated list of 2008 Virginia labor law posters include:

• OSHA-Health and Safety Protection
• Discrimination Notice
• Unemployment Insurance
• Workers’ Compensation

These posters must be displayed by every employer in the state of Michigan. In addition, federal law requires that employers display a number of posters related to nationwide statutes.

The 2008 labor law posters required by federal law are:

• 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

Employers are required by law to ensure that all labor law posters for 2008 are up to date. Failure to comply with the law can result in a fine for the business.

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.

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.

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 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.

We’ve covered the OSHA posting for the federal government, or the posting from the Occupational Safety and Health Administration in Washington, and we’ve covered it well, if I do say so myself. But there are also similar posters on the state level that we should take a look at.

One such work site safety and worker health posting is in the Virginia Labor Law Posters. The Job Safety and Health Protection posting in the Virginia Labor Law Posters says a lot of the same things as the federal OSHA, but as all good Virginia employers know, that doesn’t matter so much.

Virginia employers are supposed to have both the federal OSHA posting and the state Job Safety and Health Protection posting in the Virginia Labor Law Posters on the walls of their work sites. That means both in the Virginia Labor Law Posters have to be posted somewhere in the work sites that is conspicuous and easily accessible by all employees.

The Job Safety and Health Protection posting in the Virginia Labor Law Posters cover the Virginia law on occupational safety and health, which is by the authority of the state Title 40.1 of the labor laws in the state. It provides job safety and protection for workers’ health and welfare. The law and the posting in the Virginia Labor Law Posters are meant to maintain a healthy working condition in all work sites across the state, and it’s a big state.

That means, according to the posting in the Virginia Labor Law Posters, that employers must provide each of their employees with a job and a place of work that are free from known hazards that could cause death or injury, for instance. And employees, for their part, must follow safety and work rules under the law that will help protect them as well.

The Virgin Islands (VI) posting requirements for employers are comprehensive and include the same general requirements that are mandatory in the mainlands. There are two parts to the Virgin Islands: The British Virgin Islands and the American Virgin Islands. The American Virgin Islands tend to be more commercialized and, therefore, have more businesses that need to have the labor law requirements posted.

The British Virgin Islands do not have the same posting requirements as the American Virgin Islands because they are controlled by a different country. However, in the American Virgin Islands, it  is necessary for all employers to post labor laws in a place of the workplace that is easily accessible by all employees, such as an employee break room. If an employee needs to ask permission to see the labor law poster, then the labor law poster is not posted correctly.

Failure to post the labor law poster in a visible place within the workplace can result in a $7,500 fine for the employer. The fine also applies if the labor law poster is out of the date. Labor laws do tend to change frequently, so it is important that all employers stay on top of labor law changes for their industry and business size.

The Virgin Islands labor law poster will contain information about the labor laws that pertain to workers in the Virgin Islands, including workers’ compensation, minimum wage information and other benefits included with working for an employer.

An added benefit of the labor law poster is that it contains contact information for the Virgin Islands and federal agencies that monitor labor laws. In the event that an employee feels that he or she needs to contact an agency for more information or to file a claim, the employee will be able to find all information on the labor law poster that is in his or her workplace.

In Virginia there are many things that as employers we need to focus on and worry about. The last thing that we think of is the Virginia State Mandatory Poster. These posters are small items that pack in a lot of information. These things provide essential information to both you the employer as well as your employees. However this information is useless if you do not post the posters in all workplaces for your employees to see. This is not only a courtesy, it is required by law. These things not only need to be posted for all of your employees to see, but they need to be current and updated. These posters are simple items that can cause you a lot of trouble if you do not have them current and posted as it will lead you to be not in compliance with the state laws of the labor board and could lead to fines or even more severe punishments.

There are certain aspects of the Virginia labor laws that are required to be posted on your Virginia State Mandatory Poster. These laws that need to be posted are OSHA, Discrimination Notice, Unemployment Insurance and Worker’s Compensation. These are the primary laws that explain the rights and benefits that are given to all employees in the state as workers. They help to create an understanding for the employees and also keep the employers aware of what is expected to be provided by them in order to maintain a properly functioning workplace.

Remember it is not an optional item. The Virginia State Mandatory Poster is something that needs to be up and current or you will no longer be in compliance thus leading to fines and harsher penalties for you if you are found to have other violations. Keep yourself updated and out of trouble.