USERRA Notice

September 13th, 2006 Posted by Amelia

The USERRA Notice poster was recently updated, making it more important than ever that employers display a current poster. The USERRA- Uniformed Services Employment and Reemployment Rights Act poster, ensures the rights of returning veterans and emergency workers.

Federal and state laws require each employer to prominently display a number of labor laws posters, including the USERRA notice. These federal and state labor law posters should be displayed in a conspicuous place. Popular locations are the employee break room, near the time clock, or in another “employees only” area where they will be noticed by every employee.

Most employers find the large, laminated federal and state labor law posters the most durable. There are six posters required for all employers, by federal law. 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

To save space, all six federal posters are conveniently available on a single large, laminated poster, called the Complete Poster.

In addition, each state mandates different labor laws posters. The state posting requirements vary greatly. The State of Hawaii mandates only one poster, called the Labor Law Poster, which includes information on Discrimination, Wage & Hour Laws, Unemployment Insurance Law, Disability Compensation Law, Dislocated Workers/Plant Closings, Occupational Safety & Health Laws, Military Leave and the Whistleblower Protection Law.

Several states require only three posters, including Tennessee, North Dakota and South Dakota. Pennsylvania and Rhode Island each require eight different posters, while the State of California requires a whopping 14 state labor law posters to be displayed.

It’s easy for busy employers to overlook the mandatory requirements for state and federal labor laws posters. Many employers don’t realize that depending upon state, they could be subject to fines up to $7,500 in not complying with federal or state posting requirements. The purpose of the posters is to advise employers and employees of their rights and obligations under the law. There is also contact information for employers and employees to report violations of labor law.

In North Dakota, posters that provide information about the state and federal labor and employment laws must be posted in the workplace.  It is the employer’s responsibility to make sure the posters are in a visible spot within an area where the employees have access such as a work room, break room or mail room.  Anywhere that the employees tend to visit or gather on a regular basis will work.  In addition to posting this information it is also the responsibility of the employer to make sure the information they have on their posters is up-to-date since labor laws change frequently, sometimes even annually.

The North Dakota posters need to highlight both state and federal laws.  North Dakota has relatively few state laws that need to be posted compared to other states, but they do include information about unemployment insurance, minimum wage and workers’ compensation.  The federal laws that need to be posted are pretty much the same for each state.  They 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 and Health Protection.

The information on the North Dakota posters is mostly meant to be beneficial for the employees because it gives them the information they need to know and understand their rights within the workplace.  The laws often also outline the protocol for complaints should the employee feel the need to file against their employer (including which state or federal agency to contact in their situation).  Employers can also benefit from this information, however.  First of all, they can use the information to make sure they are doing what they need to do to uphold their employees’ rights.  Secondly, they can use the posters as a quick reference in case they have a quick question about a specific law such as minimum wage or the Family and Medical Leave Act.