Labor Law Protects Employer and Employee in Case of a Wrongdoing

July 16th, 2009 at 01:07pm Under Labor Law

Labor law is also known as employment law in some parts of the world. These terms can be used interchangeably as they are used to refer to the same thing. Labor law is a broad category that encompasses all area of employer/employee relations. Labor law also includes the negotiation processes and collective bargaining. The purpose of labor law is to protect the employer and the employee in the case of a wrongdoing.

The present day labor law dates back to the 1930’s. The 1930’s have been called the New Deal era. It was during this time that Congress acted to raise minimum wage there was reconsideration of the labor laws that were affecting both private and public sector employees. There have been no major new laws that have been passed over the last few decades.

Early Labor Laws

Some of the early labor laws included the following:

The Clayton Act:

The Act stated, “The labor of a human being is not commodity or article of commerce,” and provided further that nothing contained in
The Federal antitrust laws: shall be construed to forbid the existence and operation of labor… organizations… nor shall such organizations, or the Members thereof, be held or construed to be illegal combinations or Conspiracies in restraint of trade under the anti-trust laws.

The Railway Act:

This Act was passed in 1926. It required those employers to bargain collectively and prohibiting discrimination against unions. It applied originally to interstate railroads and their related undertakings. It was amended in 1936 to include airlines.

Acts forbidden under the labor law

1) Dominating or otherwise interfering with formation of a labor union, including the provision of any financial or other support.

2) Interfering with or restraining employees engaged in the exercise of their rights to organize and bargain collectively.

3) Imposing any special conditions of employment, which tended either to encourage or discourage union membership. The law stated, however, that this provision should be construed to prohibit union contracts requiring union membership as a condition of employment in a company — a provision that, in effect, permitted the closed and union shops. (In the former, only pre-existing members of the union could be hired, in the latter. new employees were required to join the union.)

4) Discharging or discriminating against an employee because he had given testimony or filed charges under the Act.

5) Refusing to bargain collectively with unions representing a Company’s employees

Investing In China: Hiring, Firing And Labor Law

July 16th, 2009 at 07:06am Under Labor Law

One of China’s major attractions for foreign investors is its low labor costs. In the central provinces entry-level laborers can be hired for as little at US$60 per month and college graduates work for as little as US$150 per month, although labor costs in the more affluent coastal provinces are about three times as high. Furthermore, because there is a shortage of skilled labor and white collar management in the coastal provinces, additional incentives might be required to attract highly qualified employees (this is not so much of a problem in the central and western provinces). Employers can be recruited and hired directly in most cases, although there are many public and private employment agencies that will assist the foreign investor in recruiting qualified staff. In joint ventures, the Chinese partner is usually responsible for recruitment, although this is something that can be negotiated between the parties.
Employment law in China is in some ways more protective of employees than US labor law. Labor matters in China are generally governed by the P.R.C. Employment Law (although certain other national legislation also provides guidance). Where national law is silent, provincial and local laws apply, but in the event of a conflict between provincial/local laws and the Employment Law, the Employment Law prevails, much in the way as federal law trumps state law in the US.
Employment contracts are generally required and normally stipulate probation periods of no more than six months. A thirty-day advance notice and good cause are normally required in order to fire an employee after the expiration of the probation period (although employee incompetence and company business reverses considered good cause subject to certain restrictions). An employee can be immediately fired for serious misconduct.
The eight-hour workday and the forty-hour workweek are standard for blue collar employees, overtime pay is mandated by law, and there are legal limitations on how much overtime can be required. Paid leave is also required, although the required length varies according to local regulations (usually not exceeding two weeks per year). There are special protections on the type of labor that can be assigned to women and teenagers, and the minimum working age is 16. None of this should be unfamiliar to those familiar with prevailing US labor practices.
Nevertheless, Chinese labor law does include certain unique features that foreign investors should be aware of:
(1) In the event of a labor dispute, arbitration is required before the case can be taken to court.
(2) There are three funds to which both employer and employee must contribute:
1. Endowment Insurance (a kind of social welfare fund) – the employee contributes 5% of his salary, employer pays an amount equal to about one-fourth of the employee’s salary (amounts vary by locality).
2. Unemployment Insurance – the employee pays 1.0%, employer pays 2.0%.
3. Hospitalization Insurance – Employee pays 2.0%, employer pays 8.0 .
In each of the foregoing cases, the employer deducts the employee portion from the employee’s paycheck, but must pay the employer’s portion out of its own pocket in addition to the employee’s regular wages. Also keep in mind that the foregoing amounts may vary somewhat according to locality. There are also certain funds that employers must contribute to, such as an employee labor union fund (generally about 2 of payroll).
A prospective foreign investor would do well to keep abreast of breaking developments in this area, because the law is rapidly evolving.

Divisive Issues of California Labor Law

July 16th, 2009 at 01:06am Under Labor Law

California Labor Law comprised of statutes and regulations that govern employers and industries with respect to the labor and working conditions of their employees.Controversial Issues of California Labor LawExempt and Non-exempt EmployeeThe California Industrial Welfare Commission has classified employee into exempt and non-exempt employee.The classification depends on the level of responsibility given to the exempt employee or their status as a professional. Exempt status is not related to the employee’s job title or the salary he or she received.The following are considered exempt employees by the International Welfare Commission:• Licensed professionals – This includes doctors, lawyer, engineers and other professional.• Managers whose principal work is to hire, fire or train and its work is not 50% related with other employee.• Administrator who formulate policies in the business• Outside salespersonA non-exempt employee is subject to all pay rules provided by the International Welfare Commission. It includes payment of overtime pay even if he is receiving a salary.Non-compete agreement in the Employment ContractMany companies, in order to protect their business or trade secrets, provide a non-compete agreement in their employment contract. This refers to a stipulation in the contract, which prohibit employee from engaging similar business from their previous employer.However, unlike any other states a non-compete agreement in the contract is illegal in California. This agreement is construed to include a stipulation, which prohibit a former employee from seeking employment in other companies offering the same service with his former employer.Wrongful TerminationGenerally, in California employment is “at- will”. This means that an employer can terminate the service of the employee with out any reasons as long as it will not amount to violation of another law like the discrimination act.Also in this law, an employee can quit their job for any reason or for no reason at all.However, this law is not without exception. The following are the exceptions provided by law:• Employment agreements, which provide not terminate the employee except for good cause.• Employment agreements, for a specified period• Discrimination in violation of California Fair Employment and Housing ActThis Act provides that even at will employee cannot be terminated if the termination is based on the prohibited characteristics of a person such as age, race, sex and other.• An employee cannot be terminated in retaliation in asserting a right protected by the California Fair Employment and Housing Act.• Termination in violation of public policy• Participation in a protected activity• Constructive discharge. An employer cannot force an employee to resign by creating an inhospitable working environment.Who can be sued in Wrongful Termination?An employee can only sue his or her employer with regard to wrongful termination. FEHA only allows an employee to sue the manager or supervisor after asserting a protected right.Damages RecoverableAn employee in wrongful termination cases can recover the following:• Lost wages and value of benefits• Future lost wages and benefitsIn this case, an employee cannot recover punitive damages and attorneys fee.However, if the reason of the termination is a violation of the Fair Employment and Housing Act the employee can recover emotional distress damages, attorney’s fee and punitive damages. Our labor trial lawyers are competent in handling cases brought about by any form of Labor Law violation. For free legal advice, log on to our website and seek assistance from our legal staff.

Labor Law in Thailand

July 15th, 2009 at 07:07pm Under Labor Law

In Thailand, all of the rights and duties pertaining to employers and employees are usually governed by a series of laws and regulations. Among the different acts that govern labor issues in Thailand are Labor Protection Act BE 2541, the Labor Court and Labor Court Procedure BE 2522, Labor Relations Act BE 2518, Social Security Act BE 2533, Thai Civil and Commercial Code, Provident Fund Act BE 2530, and Workmen’s Compensation Act BE 2537.
Usually, according to the employment law in Thailand, an agreement that has been established between the employer and employee should not be less than the minimum requirements or standards devised by the law.
The Labor Protection Act and other relevant acts dealing with the labor issues have set some specific rules and regulations for each and every aspect with regard to an employment such as working hour, remuneration, child labor, female labor, sick and maternity leave, dismissal as well as termination of employees, welfare and social security of employees, and hiring of employees services.
Working hours in an organization is usually on the basis of nature and type of work. In most cases, working hours should not go above eight hours per day or 48 hours each week. In case of such works that are harmful for the health of an employee, then working hours should not exceed seven hours a day or 42 days a week.
Under the Thai employment law, an employee’s maximum probationary period is 120 days. Further, the Labor Law entails every employer in Thailand to provide its employees at least 13 public days each year and at least six vacation leaves on completion of a year’s services.
Likewise, employees are eligible for annual sick leave of 30 working days each year. Apart from sick leave, pregnant employees are eligible for maternity leave of 90 days with 45 days’ full wages. When comes to remuneration, an employer is required to pay all benefits, apart from normal salary, that form part of the employment. In addition, the basic remuneration paid by an employer must be in accordance with the minimum wage as prescribed by the Ministry of Labour and Social Welfare.
Al though, male and female employees are treated alike in a employment, a female employee is prohibited from working in certain organizations or work environments such as construction as well as mining work which are performed underwater, tunnel, or underground, and transportation and production working conditions in which it is necessary to deal with inflammable or explosive items.
Likewise, there are also certain exceptions for pregnant female employees. In other words, an employer should not ask a pregnant employee to work overtime as well as work on public holidays. Further, they are also not allowed to work in certain environments such as on plants, construction firms where it is necessary to carry loads on heads or shoulders, and ships and other water going vessels.
In the case of child labor, the minimum age in order to employ a child labor is 15 years of age. But, to employ a child below the age of 18 years, it is necessary for an employer to notify it to the labor inspector within 15 days as of the date that the child starts his work. An employer is required to give a child labor a rest period of one hour for every four hours he has worked.
Similarly, an employer should not ask a child employee below 18 years to work overtime or on holidays. Additionally, child labors below 18 years are not allowed to perform dangerous works such as rolling as well as stamping metal and works dealing with unsafe chemicals and poisonous microorganisms.
A child below the age of 18 years is also strictly prohibited from certain establishments such as gambling centers, slaughterhouses, dance clubs, and center where liquors and other related beverages are served. Above all, an employer is required to pay the remuneration or benefits of child employees only to child employees and not to any other persons other than the employees.
Now we will discuss laws and regulations pertaining to termination and dismissal. A notice in writing must be provided to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as
- Performing his or her duties and responsibilities dishonestly
- Committing any kind of criminal offense
- Negligence from the part of employee that leading to serious damage or loss to the employer
- Disobeying working rules and regulations devised by the employer
- On imprisonment as per the final judgment of imprisonment
Nowadays, a lot number of law firms are in Thailand to help you dealing with the Thai labor law. Usually, these law firms provide a continuum of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, labor law compliance issues, and more.

National Origin Discrimination, Labor Law, and Employment Law in Hawaii: Employers Increasingly Facing Litigation over English-Only Rules

July 15th, 2009 at 01:06pm Under Labor Law

National Origin Discrimination, Labor Law, and Employment Law in Hawaii:  Employers Increasingly Facing Litigation over English-Only Rules as More Complaints are Filed with the EEOC

Title VII prohibits discrimination because of “national origin.”  The Equal Employment Opportunity Commission, the agency charged with the enforcement of Title VII, defines national origin discrimination as the denial of equal employment opportunity because of an individual’s ancestry, place of origin, or because the individual possesses the physical, cultural, or linguistic characteristics of a national origin group.

The EEOC has consistently scrutinized English-Only policies very closely and has taken the position that such policies can be a proxy for national origin discrimination.  

Given the amount of attention given to immigration issues on a national scale, the significant increase in national origin claims being filed with the EEOC in the last few years is no surprise.  Many of these claims arise from employers promulgating English-Only policies.  In the EEOC’s view only the most limited policies do not violate Title VII.

Recently, the EEOC brought suit against a California Nursing Home company that prohibited Spanish-speaking employees from speaking Spanish to Spanish-speaking residents, and also while on breaks or in the parking lot of the facilities.

According to the EEOC, in addition to being required to comply with an overbroad English-Only policy that the employer did not apply even-handedly, it was alleged that Hispanic employees were given desirable work than non-Hispanic counterparts, were paid less, and promoted less often.  In April 2009 the EEOC and the company settled for $450,000.

Hawaii employers are also finding it difficult to balance legitimate business needs and Hawaii employment practices law prohibiting ancestry or national origin discrimination.  Hawaii law, HRS Chapter 378, prohibits discriminating against an employee in the terms or conditions of employment, because of their “ancestry.” However, as a practical matter “ancestry” and “national origin” are synonymous under Hawaii law.

Hawaii law is arguably more expansive than Title VII in that employers are precluded from making pre-employment inquiries and requests for information which tend to lead to disclosure of the person’s ancestry/national origin, unless the inquiry is justified by a bona fide occupational qualification.

Both the EEOC and the Hawaii Civil Rights Commission (“HCRC”) have issued regulations addressing the issue of English-Only rules and whether and to what extent employers prohibiting foreign languages to be spoken in the workplace have violated the prohibition against national origin discrimination.

The EEOC and HCRC’s regulations presume that blanket English-Only rules are per se unlawful.  Their position also is that limited English-Only policies are lawful only if justified by business necessity.  2002 EEOC guidelines list the following examples where business necessity justifies an English-Only policy: 

Employers with English-Only rules should also consider doing the following:

Additional information may be accessed here: www.eeoc.gov/policy/docs/national-origin.html#VC.

Roman Amaguin, Esq; http://www.amaguinlaw.com; http://www.employmentlawyerhawaii.com

Learn About Labor Law – Know Your Employee Rights in the Workplace

July 15th, 2009 at 07:07am Under Labor Law

Labor law allows employees to have legal rights in the workplace. If you have any kind of dispute with your current or previous employer you want to find a good attorney that specializes in this type of law. You may have an issue with getting paid a commission from an employer and finding a lawyer that can help you is your best option. Maybe you are having a problem with another employee and need to have some legal advice your best bet is to talk to a labor attorney. It is important that you find someone that specializes specifically in helping out employees in the workplace.

Find Free: Labor Law Advice

You may find an attorney that does any type of law but for you to get your best results you want to find someone who specializes in these types of legal issues. The basic reason labor laws were created so that the employer or in unions cannot have unfair labor practices. This protects you from having any issues with the place you work for or the union that you are a member of. It is good to know that there is somebody who can help you when you have an issue at work. The first thing you need to do is to interview several attorneys and pick the one that fits your needs the best.

Free: Help Labor Dispute

Remember if you are having an issue of work you’re best off is to find a lawyer who specializes in labor law. There were many lawyers available but finding one that you’re comfortable with can help you out the most. You may have to interview several attorneys before you find one that fits your specific needs the best.

California Labor Law Challenges, and Solutions

July 15th, 2009 at 01:06am Under Labor Law

Being an employer is a daunting task. Hundreds of employment regulations, insurance guidelines, Senate bills and Federal Acts (such as FMLA, FLSA, HIPAA, TEFRA and FEHA, to name a few) distract business owners from focusing on their core operations and profitability. In particular, California employers need to be aware that California Labor Law differs from federal law in significant ways that can make life even more difficult, if not downright treacherous, for businesses with limited human resources expertise.

Although the Fair Labor Standards Act sets a minimum standard of protection for employees working in the USA, individual states are permitted to extend the Act to provide a higher degree of protection to employees in that state.  California has taken full advantage of that facility, and there are many aspects of this act that California has applied more liberally than practically any other state.

Take overtime law for example. California law requires an employer to pay an employee overtime after 8 hours work in one day at 1.5 times the normal rate, and after 12 hours work in any one day at twice the standard rate. However, this does not apply to ‘exempt’ employees, such as those involved in managerial or intellectual work. Federal law only requires time and a half to be paid for any time worked over 40 hours in a week.

The California Fair Employment and Housing Act (FEHA) differs profoundly from the federal law, particularly in employment discrimination law where it is much wider reaching and more rigorous than federal law.  A case in point occurred recently, where an employee of a prestigious California hotel filed a discrimination lawsuit against his employer on the basis of sex, and also for retaliation, in violation of the FEHA. 

The act forbids discrimination against an employee on the basis of sex, race, color, age, religion and other grounds, and illegalizes retaliation by the employer against an employee carrying out a ‘protected’ activity such as filing a charge of discrimination.  There are a number of defined protected activities, and this act is likely beyond the capability of the average human resources department of most companies to handle.  This is the sort of case best passed on to a human resources (HR) consulting firm.

The case, Jones v. The Lodge at Torrey Pines Partnership, had originally been heard in front of a jury, and debated whether or not an individual could be held personally responsible for proceedings relating to retaliation against an employee.  The jury decided for the plaintiff and awarded compensation against the Lodge and the supervisor accused of the retaliation. However, their verdict was overruled by the judge who stated that there was insufficient evidence to prove the case against the supervisor that an adverse reaction had been carried out for reasons of discrimination or retaliation for the sexual orientation of the plaintiff.

The judge stated that individuals (the supervisor) cannot be held liable for retaliation in the same way that they can be for harassment.  The case went to the Court of Appeal, which disagreed with the judge, and stated that individuals can be held responsible for retaliation.  The case ultimately reached the California Supreme Court which disagreed, stating that the individual cannot be held responsible..

What chance does company human resource personnel have in correctly interpreting law if even the law courts disagree?  It is next to impossible for a company in California to apply company policy when the law itself is so difficult to interpret that judges, Courts of Appeal, and the Supreme Court disagree. The labor laws of California are too difficult to understand for a company to rely on non-specialized personnel to manage their labor relations policies.  The consequences of getting it wrong could be catastrophic. Many employers are feeling frustrated with this lack of clarity and constant risk of violating the law, and are turning to experts in the Human Resources Outsourcing industry for help.

While many businesses employ highly educated staff, most do not have the experience to understand the finer points of law.  It is not just the understanding that matters here, it is knowing the right course of action to take in such circumstances.  Perhaps things could have been done differently in the Jones v. The Lodge case to prevent it from reaching court, or perhaps the supervisor could have been better trained by the company.

Whatever the answer, you are more likely to come to the right solution with the help of professionals who manage these complex issues on a daily basis. California labor law is sufficiently complex for your company to turn to the professionalism and expertise of a Human Resources Outsourcing firm to keep you out of trouble. HR outsourcing is not as expensive as you might believe, especially when you consider the alternative.

Suggested resource:

California labor law is very complex, and ignorance can cost you plenty. If you are considering Human Resources Outsourcing as part of your HR satrategy, and want to reduce your California employment risks, check out http://www.cpehr.com for a free HR analysis.  It costs nothing to investigate.

Important Employment and Labor Law Provisions in Los Angeles

July 14th, 2009 at 07:06pm Under Labor Law

In the United States, the Department of Labor takes charge in implementing above 180 laws that are related to employment. Hence, if you are working in Los Angeles, California, you might as well be covered by these provisions, which possibly give you rights and privileges as well as set rules in various aspects of labor and employment.This is the main reason why it is indeed important for all the employers and employees to understand some basic principles of the Employment and Labor Laws. By having knowledge about it, you will be more familiar with the procedures on how to handle any violation. Yet, you may still depend on the expertise of Los Angeles Employment and Labor Law attorneys if, still, you find it hard to handle your situation.Major Laws Intended for Labor and EmploymentThe following law provisions commonly apply to employers, employees, retirees, job seekers and other individuals or parties who play a part in the employment sector. This summary is intended to lay down some important information regarding labor law compliance and privileges. For a detailed knowledge about these laws, better read the whole provisions or have a consultation with your employment attorney in Los Angeles.Workplace Safety and HealthUnder the Occupational Safety and Health Act, employers have the general obligation to provide their workers with jobs and workplaces, which are free from any identifiable and serious risks. Any violation regarding this provision may be brought up to the Occupational Safety and Health Administration, which is the agency tasked to implement injunctions for such non-compliances among the public sector employees.Worker’s CompensationFederal employees may take the advantage of benefits payments due to loss of wages caused by their total or partial disability. This also includes payments to cover other related medical expenses and vocational rehabilitation. The Federal Employees’ Compensation Act applies to those workers who have obtained disability or died in performing their duties.Among other statutes related to Worker’s Compensation are:• Longshore and Harbor Workers’ Compensation Act – maritime employees• Energy Employees Illness Compensation Program Act – Department of Energy employees• Black Lung Benefits Act – coal minersWages and HoursThe Fair Labor Standards Act covers both private and public employers. This particular law sets the standard of paying wages as well as overtime hours for covered workers. Added details about this statute may be obtained from the Wage and Hour Division of the Employment Standards Administration, which administers the act.Employee Benefits SecurityAnother useful law that regulates pension and welfare benefit plans offered by employers to their workers is the Employee Retirement Income Security Act or commonly known as ERISA Law. This requires various conditions regarding employees’ pension and welfare benefit plans and other related issues. The agency regulating this act is the Employee Benefits Security Administration.Family and Medical Leave ActThis Labor Law provision compel all employers with at least 50 workers to provide up to 12 weeks of unpaid leave to qualified employees without the threat of reassignment to other job position. Employees may take their unpaid leave for these causes:• Giving birth• Taking care of a newborn or adopted child• Caring for spouse, children or parents having serious illnessThese are just some of the important Employment and Labor Laws. If you feel that your employer has violated any of these provisions, act immediately and seek the aid of your Los Angeles Employment and Labor Law attorneys. You may be entitled of compensatory damages or recoveries.To help you with issues such labor law violations, you can consult with our skilled Los Angeles labor employment attorneys. You can visit our website and avail of our free case evaluation.

California Labor Laws: Asserting Your Employee Rights

July 14th, 2009 at 01:06pm Under Labor Law

Many employees when experiencing a labor violation are confused as to where to turn and typically take one of four paths.

1. A very common path and usually the most treacherous, is doing nothing at all. When an employee is hesitant to hire California overtime lawyers or California labor law attorneys to handle a situation, it usually gets worse before it gets better. Complacency will typically cause labor violations to become more frequent. California labor law attorneys have found that “where there is smoke there is fire” and when one violation is discovered, many others are found.

2. The next course of action frequently taken by employees experiencing a California labor law violation is attempting to handle the problem “through the Employer’s channels or procedures”. This course of action has risks of its own and one of the biggest dangers in filing a formal Employer complaint “though the proper channels” is the risk of retaliation. Employees do not realize that by filing an official complaint they place their employers on guard and exposed to liability if the employer retaliates. Once a complaint is filed for a labor violation, if the employer then retaliates and demotes, harasses, suspends or fires the employee, that employer exposes themselves to additional liability.

3. Another option an employee may exercise is going to the labor board. The California Labor Board does however have limitations, in that they will not purse the 4th years (Unfair Business Practice Claim) as a private attorney would and therefore they may shorten the amount of their claim. Furthermore, the California Labor Board handles very small claims and may not always pursue the employee’s claims as vigorously as California overtime lawyers might. The California Labor Board also has a serious limitation in that if either party prevails, the other party has the option to appeal and have the case start all over. Once this occurs, and employee will need to find a California labor law attorney to represent them and also faces the risk that if they lose this appeal the loser must pay the winning parties attorney fees and court costs. On the other hand, if an employee hires California overtime lawyers to handle the claim from the outset and prevails on any part of the claim, the Employer must pay the Employee’s attorney fees. This is a huge advantage. As you can see the California Labor Board has severe limitations and is designed for smaller disputes where the employee does not mind some uncertainty of outcome. While the California Labor Board is free of charge- sometimes you get what you pay for!

4. California overtime lawyers and California labor law attorneys may be the best option when it comes to the enforcement of California labor laws. When an employee hires an attorney who is experienced in California overtime laws, the outcome may be better than testing the waters at the California Labor Board and surely much better than doing nothing at all. Case law and statutes are constantly evolving and knowledgeable California overtime lawyers or California labor law attorneys can in many instances pinpoint the applicable laws and cases that could bring an employee to victory. Even better, if your attorney wins, your employer must pay his or her legal fees!

In closing, an employee has several choices. Hiring a qualified professional to protect your interests is imperative if you want good results. Interview several California labor law attorneys and find out who you feel most comfortable with.

Do You Really Need New Labor Law Posters?

July 14th, 2009 at 07:06am Under Labor Law

by Janet Attard

If you run a business and have employees, there are a slew of federal and state labor law notices you’re required to post where employees can see them each day. These are often called labor law posters, or compliance posters. They include things like minimum wage laws, the federal USERRA, non-discrimination notices, and more.

Keeping up with everything that ought to be posted and making sure that the most current notices are posted in the workplace can be a real chore for big and small businesses alike. What’s more, posting a collection of paper notices can make your office look messy.

To solve the problem, a number of companies sell labor law posters that combine all the state and federal regulations on one or two posters. The posters, in general, are a good thing. They tidy up offices and help businesses stay in compliance with labor laws.But unfortunately, some of the companies that market labor law posters by mail use hard-sell marketing tactics to get you to replace your labor law posters before you really need to. In fact, some of the marketing materials that get sent in mail seem somewhat misleading and deceptive.

One ploy that’s been used in various parts of the country is a mailing that has the word FINAL NOTICE in all capital letters on the top of the page of an official-looking document. Below the “Final Notice” headline was text stating that the employer must comply with the new labor posting requirements and that failure to do so could lead to government fines of up to $17,000 and other possible dire consequences.

Other tactics include mail-merging the name of the recipient company into the letter and using text in the letter such as a Notice Number, Reference Number, and a Reply By date designed to make recipients think the mail is somehow an official warning.

If your business gets a notice like that, take the time to look at who it really comes from. If you see the words poster service, or compliance service, or if you see an out-of-state address, you can be sure the official-looking “Notice” is just a sales letter. Another dead giveaway: the letter will tell you how to order labor law posters from a private company.

If you’re unsure when labor law notices you need to post were last changed, check with the US Department of Labor and your state labor department to find out if there have been any changes in required postings. Remember, too, that no matter what the labor law poster companies tell you, you don’t need to buy a new poster just because it’s a new year. You only need to replace your posters when the state or federal laws listed on them change. For a list of the latest changes in state and federal labor law posters see http://www.businessknowhow.net/posters/updates.asp.

© 2008 Attard Communications, Inc. Janet Attard is the founder and CEO of Business Know-How, a popular small business website that has been providing information and resources to businesses for 20 years. BusinessKnowHow.com is a source for labor law posters and safety posters. The website also provides a wealth of ideas, tips and hints for marketing and managing small businesses. Subscribe to the Business Know-How newsletter at http://www.businessknowhow.com/newsletter/subscribe.htm

Online reprints of this article must include the author’s byline, copyright and resource box. You must get permission from the author to reproduce the article in print publications.