What happens if my business is found not to be in-compliance with labor law posting regulations?

If an employer has either outdated posters or no posters at all, they risk various fines and penalties for this offense. Below is a small list of possible fines for failure to post required labor law posters:

Federal Family Medical Leave Act Fine – Failure to post may result in a civil money penalty enforced by the Wage and Hour Division – maximum of $100 per offense. The Secretary of Labor can bring court actions and assess civil penalties for failing to post.

Failing to post the Federal Minimum Wage may result in appropriate contract sanctions imposed for uncorrected violations. Noncompliance with Federal OSHA posting requirements may result in a civil penalty of up to $7,000.

Willful Violation

A willful violation exists under the OSH Act where an employer has demonstrated either an intentional disregard for the requirements of the OSH Act or a plain indifference to employee safety and health. Penalties range from $5,000 to $70,000 per willful violation.

Serious Violation

Section 17(k) of the OSH Act provides that “a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the
exercise of reasonable diligence, know of the presence of the violation.” OSHA may propose a penalty of up to $7,000 for each violation.