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Penalty for EEO Poster Violation Increases on March 23, 2023

The Equal Employment Opportunity Commission (EEOC) has increased the fine, the largest increase since 2015, for failing to post the required nondiscrimination notices increased from $612 to $659, effective March 23, 2023.

The EEOC updated its poster in October 2022, adding a QR code that, when scanned, directs users to information on filing an EEOC complaint. The poster is also available in Spanish, and will be available in other languages as well.

The fine can be assessed for each offense. Employers must place notices where workers will see them - often at a physical location, online or both, according to EEOC - and ensure they are accessible to workers with disabilities.

Employers in New York State are also reminded that, as a result of the amendment to Section 201 of the NYS Labor Law, signed by Governor Hochul on December 16, 2022, New York State employers are required to make available electronically notices and posters that are required by law to be physically posted in the workplace. Specifically, employers are required to make available through their websites or by email copies of documents required to be physically posted at worksites pursuant to state or federal law or regulation. In addition, employers are required to notify employees that notices and posters that are required to be physically posted at worksites are available electronically.

The US Department of Labor (DOL) recently updated its mandatory Employee Rights Under the Fair Labor Standards Act Poster (in April 2023) to reflect recent amendments that expanded the law's breastfeeding and lactation accommodation requirements. Previous versions "no longer fulfill the posting requirement and should be replaced," according to the DOL.

Now is a good time to review your postings to make sure that they are compliant for 2023 and contact PMP if you have any questions regarding the postings.


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