New York Workers Compensation

In New York State, employers are completely responsible for injuries resulting from a fall at the workplace. This can sometimes put employers in a pickle, as this can cost hundreds to thousands of dollars. However, that’s why employers have to cover themselves with insurance that protects their assets. Employees in NYC can sue employers for everything from medical bills to attorney fees to lost wages to pain and suffering. These damages go far beyond what other states allow, but that’s no new news to business owners. In fact, since 1885, these laws have been in effect, making it difficult for employers to find any loopholes.

All New York employers are required by law to post New York labor law poster that state the rights and protections of employees. They must post labor law posters that cover the topics of worker’s compensation and the guidelines for submitting a claim. Typically, this information is also covered off in the employee handbook or new employee training. Employers always hope to avoid worker’s compensation claims – for a number of reasons. Not only can their insurance go up, but they can be forced to pay out of pocket or dealing with the hassle of paperwork and phone calls. Businesses are recommended to maintain an on-site safety program that is documented. Such safety programs can include preventative measures, safety and protective gear and clothing and training that keep the health and well-being of employees in mind.

Businesses in New York must be on their toes when it comes to reducing the risk of injury to employees. This is especially true for constructor workers, one of the main sources of economic dependency in a city known for its skyscrapers, bridges and tunnels. Other businesses – even luxury hotels with their polished floors and fine dining restaurants are not exempt from these laws. They too must pay special attention to the care taken when training staff and also with day to day safety best practices.

If a worker in the State of New York does need to file a workers compensation claim, their first resource should be their employers’ labor law poster with information that will help them begin the process. They should also consult their human resource department. An ombudsman is available if any dispute arises between an employee’s insurance company and their employer. This person acts as the liaison on behalf of the employee and helps to negotiate and settle claims when needed.   

California Labor and Workforce Law

California has one of the largest economies in the United States, and comparatively, one of the largest in the world, if it were considered its own country. California’s Silicon Valley is an industrial hub for new ideas and cutting edge technologies, whereas Los Angeles is noteworthy as the heart of the entertainment industry. California is constantly trying to nurture and support new businesses to stimulate the economy, especially in its current negative state. The office of the governor has created several initiatives, including the Labor and Workforce Development Agency, who is tasked with providing thoughtful leadership to protect and improve California’s current workforce and the Department of Industrial Relations, who is tasked with improving conditions for employees in order to advance profitability in California. These offices are overseen by the California State Department of Labor, who is responsible for creating and implementing the State’s labor laws.

The California Department of Labor requires that California labor law posters be visible at all places of employment. There are a number of labor law posters that apply to all businesses, whereas others that are based on industry or public sector. All employers must post a state labor law poster with the Industrial Welfare Commission’s (IWC) minimum wage rate. The current California State minimum wage is $8.00 an hour, which is $.75 more than the Federal minimum wage. This is determined in part by the cost of living. All employers must also post a payday notice, stating when checks are distributed. All business owners must post safety and health protection regulations and emergency phone numbers. They must also post non-discrimination and non-harassment posters, and time off to vote notification.

All California state employers must post a notice stating that employees are eligible for worker’s compensation benefits. For those employees exposed to toxic or hazardous materials, the employer must post a labor law poster that advises them of their right to view personal medical records. For employees that operate or drive fork lifts, industrial trucks or tow trackers, employers must post the rules for such machinery.

All employers must also post labor law posters for whistleblower protection, which protects employees in the case that a business needs to be reported for non-compliance or safety issues. All employers must also post non-smoking signage where smoking is permitted and prohibited.

Additional labor laws apply to different industries and sizes of businesses, such as agricultural and public works, and those companies with 50 or more employees.

How to Stay on Top of Labor Laws

Just about any time you turn on the news or open a newspaper, you’ll see or read something about new laws going into effect or revisions being made. Law makers are always behind closed doors writing new policy or introducing a new bill. Labor laws can change quite frequently, sometimes several times throughout the year. It can be difficult for small businesses, let alone any business to keep up with the latest lawmaker changes. All states require that businesses with employees post both federal and state labor law posters on premise to be in compliance with the law.

There are plenty of online resources that can help you stay current on labor laws. Checking out your state’s official website or board of labor site can be a great place to start. Many states, such as Texas and Ohio have online tools that make it easy for business owners to regulate licenses, permits and fees. These sites will typically give you information on what labor law posters are required for your business and industry. Labor law posters vary by state and sector.

Once you know what state and federal labor law posters you need, determine how you’ll display them in your office. Many employers choose to put them in break areas, where employees clock in and out or near employee entrances or exits. Copies of this information can be housed in the human resource department, but just remember that all labor law posters need to be in plain view of employees. It’s also a good idea to conduct new-hire training or provide employee handbooks that cover off the labor laws, safety and training programs and other pertinent information. Handbooks and programs should be moderated and updated regularly.

Although some labor law posters are available for free download, typically you would have to download a bunch of individual notices. The easier way to do it is to purchase a combination state and federal poster, which has all information in one easy to read location. In addition, you are able to sign-up for programs which keep you up to date on all the latest revisions and compliance updates. Email reminders are sent when new laws pass, so you never have to worry about checking government websites for updates. It’s the easiest, most cost effective and most hassle free way to go. Business owners can only truly protect themselves when they are fully insured and meet full compliance with both state and federal labor laws.

New York Labor Law Poster Requirements

New York is a living and working hub of activity, especially in New York City, which houses millions of residents in just a few square miles. The New York State Department of Labor (NYSDL) supports all state businesses with tools that help new businesses with compliance, as well as support existing businesses with programs like on-the-job training, worker opportunity tax credits and layoff aversion programs. The NYSDL also has many posting requirements for the approximately forty articles that fall under New York labor law. In order for businesses to be in full compliance, they must post a New York labor law poster for each applicable topic. Here, we take a look at the labor law poster requirements.

New York is home to a booming construction industry, with repairs and renovations to city and state streets, roads, roads, tunnels and bridges. The residential and commercial construction industry has declined over the past few years, but average wages of New York construction workers are holding steady. All construction industry employers must have state labor law posters that prominently display the Fair Play Act. These posters state that you are an employee unless you are free from direction in performing your job. If you are an employee, then you have certain rights such as unemployment insurance, worker’s compensation, wages and a safe working environment.

All New York employers must post a labor law poster regarding the use of correctional records for employment, where discrimination may not be used in such a case. In addition, the poster must cover off non-discrimination based on race, creed, age, color, disability, origin, sex or marital status.

The minimum wage labor law poster is another requirement for New York businesses. The current NY minimum wage is $7.25 an hour. Those businesses in the food and beverage industry must also post information on the deduction of wages and tip appropriation. All businesses must also post the prevailing rate schedule.

In addition to the above requirements, the NYSDL requires that businesses post their contact information, including telephone number and address. Also, all businesses that do not allow smoking or where smoking is prohibited must permanently post non-smoking signs.

As New York continues its economic recovery, it’s advised that businesses unsure of labor laws and current compliance double check with the NYSDL to ensure requirements are met. This is recommended to avoid costly penalty fees ranging from hundreds to thousands of dollars. 

Labor Law and Social Media: Friends or Enemies?

Social media sites such as Facebook are a routine way of communicating in today’s workplace. In fact, 93% of US adult Internet users are on Facebook, with more content sharing happening on the site than in any other form of communication, including email. But Facebook users aren’t just talking to their friends, they are talking to other businesses and brands. These new communication channels are providing great opportunity, but also great challenges to business owners. As employees now “like” things on Facebook and Tweet during work hours (the most common times for engaging with social media happen before noon), using employer equipment, and even talk about work, co-workers and clients on these social outlets, employers are now bound by laws that have been expanded to encompass social usage in the workplace.

According to the National Labor Relations Board (NLRB), employees are free to discuss working conditions and wages with one another. However, as companies try to regulate social media policy, disputes have risen involving employees vs. employer and even employer created social media policy vs. NLRB’s policy and protection on concerted activities, in which case NLRB’s policy would reign supreme. In one case of employer vs. employee, an employee was discharged after posting negative comments about her supervisor on her Facebook page. The company terminated her, but NLRB found that her case had merit and violated the governing law. 

While employers continue to try to regulate social media policy, they are advised to do so by following NLRA’s current standing guidelines that employees may communicate about the terms and conditions of their employment. Any company created social media policy should include this information as a disclaimer, and should not conflict with NLRA. Employers are urged to provide written policy to all employees in order to ensure compliance and provide back-up in the case of dispute. This information can be included in the employee handbook, posted next to labor law posters or dispersed during new hire orientation. Just as Federal and State labor law posters protect employees against workplace discrimination, so does written social media policy protect employee’s freedom of speech. Of course, there are exceptions which make it against the law for an employer to force an employee to work in an unbearable work environment (which could include social exchange of derogatory remarks between employees). In such a case, this would be for the courts to decide. However, employers can make sure that the law of the land is followed. Federal labor law posters take precedent over state labor law posters where the laws conflict. And NLRA social media policy takes precedent over company created social media policy, where the two conflict.     

The Importance of Florida Labor Law Posters

Having lived and worked in the state of Florida, I’m very familiar with the Florida labor law poster. I’ve seen it plenty of times when I’ve filled out an application for a job, gone through new hire training or walked into a Human Resource department. Typically, there are state and federal labor law posters, both providing valuable information that relates to working in the state of Florida. Florida labor law posters feature information common information, as well as statutes unique to the states, including the following topics:

-Minimum wage requirements. (The current minimum wage in Florida is $7.31, effective May 2011)

-Discrimination

-Unemployment Insurance

-Workers' Compensation Notice

-Child Labor Law (Only Required when Minors Employed)

-Employee Rights Protection

Florida is a “right to work” state. This means that no one is required to become a member of a union for a specific job and that if someone wants to leave the union, they may do so of their own free will.  

Florida’s government supports strict enforcement of child labor laws, which should be displayed as a labor law poster at the place of business, if applicable. Child labor laws include regulations on when youth can be employed (not during school hours; some exceptions apply), work permits (none required, but age verification required), work hours when school is and is not in session, days per week (no more than 6 consecutive), breaks and restricted and banned occupations. These child labor laws are in place primarily to protect the health, safety and welfare of youth.

A lot of common job related questions can be answered by reviewing the labor law posters. In addition, further information on Federal, State, industry and workplace safety and training programs should be reviewed to ensure compliance on the part of employers and employees. Indeed, employees need to protect themselves so that in the event a worker’s compensation claim does need to be filed, they can make sure all requirements are adhered to, without exception. You never want to put yourself in a position where you are unable to collect benefits because you failed to comply with State or Federal law. In the same way that employees must protect themselves, so must employers. Failure to comply with laws on a State or Federal level can result in heavy fines (hundreds or thousands of dollars) and citations, as well as negative press and the hassle of having to deal with paperwork. Be smart and protect yourself by knowing the labor laws.