Many employers in the U.S. understand that they must post a federal labor law poster. However, what most employers don’t know is the frequency with which these posters will change, or how easy it is to lose compliance without realizing it. Changes to federal posters may not have widespread notification like state laws typically; a small change will be made quietly, and an employer will leave the outdated poster up in their workplace for years, unaware of this change.
In this article, we will discuss the most frequently updated federal labor law posters and which updates are typically missed by employers, as well as why these updates are important and how to avoid unnecessary penalties from an employer’s standpoint.
Table of Contents
Why Poster Updates Are Commonly Overlooked
Federal agencies update posters for many reasons, including:
- Changes to wage thresholds
- Expanded employee protections
- New enforcement guidance
- Court rulings that affect workplace rights
Because these changes don’t always create new laws, employers may assume their existing posters are still valid, when they’re not.
Fair Labor Standards Act (FLSA) – Minimum Wage Poster
The FLSA poster is one of the most frequently updated federal notices and one of the most overlooked.
Why It Gets Missed
Even when the federal minimum wage doesn’t change, the Department of Labor periodically revises the FLSA poster to:
- Clarify overtime exemptions
- Update enforcement language
- Reflect new guidance on tipped employees and youth labor
Employers often keep outdated versions because they assume no change is needed unless wages increase.
Why It Matters
Posting an outdated FLSA notice can expose employers to wage and hour disputes, especially during audits or employee complaints.
Family and Medical Leave Act (FMLA) Poster
The FMLA poster is another notice employers frequently miss updating.
Why It Gets Missed
The FMLA has seen multiple regulatory clarifications over the years, including:
- Expanded definitions of family members
- Clarification of military caregiver leave
- Updated employer obligations
Employers may still have posters printed before these changes, especially if they haven’t grown past the 50-employee threshold recently.
Why It Matters
Failure to display a current FMLA poster can extend the statute of limitations in employee claims and increase legal exposure.
Equal Employment Opportunity (EEO) Poster
The EEO poster is commonly outdated because discrimination protections evolve.
Why It Gets Missed
Over time, the Equal Employment Opportunity Commission (EEOC) has updated the poster to reflect protections related to:
- Pregnancy-related conditions
- Sexual orientation and gender identity
- Genetic information
Employers often assume their older EEO notice is still sufficient, even though newer versions include expanded protected categories.
Why It Matters
Outdated EEO posters can weaken an employer’s defense in discrimination claims and may result in compliance violations.
OSHA Job Safety and Health Poster
Although OSHA posting requirements don’t change often, the official poster design and language has been updated.
Why It Gets Missed
Many employers still display:
- Posters with outdated OSHA contact information
- Versions printed before design and language revisions
Because OSHA posters are so familiar, they’re easy to overlook during compliance reviews.
Why It Matters
OSHA violations are heavily enforced, and outdated postings can be cited during inspections.
Employee Polygraph Protection Act (EPPA) Poster
The EPPA poster is less visible but still required for most employers.
Why It Gets Missed
This poster is often overlooked because:
- Employers rarely think about polygraph testing
- It’s not frequently discussed in HR training
As a result, outdated or missing EPPA notices are common.
Why It Matters
Failure to post EPPA notices can lead to fines and penalties, even if polygraph tests are never used.
USERRA Poster
The Uniformed Services Employment and Reemployment Rights Act (USERRA) poster has been updated to clarify service member protections.
Why It Gets Missed
Because USERRA applies to all employers regardless of size, small businesses often don’t realize:
- The poster exists
- Updates have been issued
Why It Matters
USERRA violations carry serious legal consequences, including back pay and benefits restoration.
Federal Contractor Posters
Employers with federal contracts are especially vulnerable to missing updates.
Commonly Missed Contractor Notices
- Pay Transparency Nondiscrimination Provision
- “EEO Is the Law” poster supplements
- Minimum wage for federal contractors updates
These notices change more frequently due to executive orders and regulatory adjustments.
Remote Work and Digital Posting Complications
Hybrid and remote work created new compliance complications.
Employers often assume:
- Digital posting replaces physical posters for all workers
- Emailing a PDF once is sufficient
In reality, electronic posting must be continuously accessible, and physical posters are still required for on-site staff.
How Employers Can Stay Compliant
To avoid missing poster updates:
- Review federal posters annually
- Check for updates after major labor law announcements
- Replace posters when agency language or design changes
- Ensure both physical and digital access when required
Final Thoughts
Most federal labor law posting violations don’t happen because employers ignore the law. They happen because posters quietly change, and no one notices.
Staying compliant requires more than hanging a poster once, it requires ongoing attention. By regularly reviewing and updating required notices, employers can reduce risk, avoid penalties, and ensure employees always have access to accurate information about their workplace rights.
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