Kentucky statutes and federal regulations enforced by agencies within the Department of Labor (DOL) require that employers post certain posters or notices in a conspicuous area in the workplace. Posting requirements vary by statute; that is, not all employers are covered by each of the DOL’s federal or state statutes and thus may not be required to post a specific notice.
Also note that three posters must be displayed where applicants can view them, such as a front lobby, entrance to city hall, or the interview room: the Family and Medical Leave Act (FMLA) Poster, Equal Employment Opportunity (EEO) Poster, and the Employee Polygraph Protection Act (EPPA) Poster.
Recently the DOL offered guidance for employers currently offering online applications and interviews, stating that until the regulations are revised, employers should also post a prominent notice online stating that “Applicants have rights under Federal Employment Laws" and provide links to the three posters listed above. The DOL also stated, “Posting the notice on the employer's website in this manner is not a substitute for posting these EEO posters in conspicuous places on the employer's premises where otherwise required." See also DOL Field Assistance Bulletin No 2020-7.
Cities can find all required Kentucky posters, which can be printed at no cost, on the following links:
The DOL website also provides assistance for employers in deciding which federal posters are required at https://www.dol.gov/general/topics/posters, as well as providing those posters for free. And remember, all public employers, as covered employers, regardless of size, must post the FMLA poster, even if they have no employees eligible for FMLA (updated 2023).
KLC strives to notify cities of new poster requirements and changes as they occur; however, all city employers should check the above links and the Federal and State DOL websites frequently as the statutory laws and federal regulations can change. Failure to comply with the requirements for posting can result in monetary fines.
For more information on this or any personnel-related matters, contact KLC Personnel Services Attorney Michael Simon.