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WordPress Blog: Our blog will have entries on information about labor law updates for state, federal, and certain city ordinances.

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NY Mandatory Overtime For Nurses

The state of New York has a poster called the Restricted Nurse Hours Poster that employers can post.

What is the Law?

Health care employers are restricted from requiring nurses to work beyond their regularly scheduled hours, with limited exceptions. The exceptions are due to a health care disaster, a federal, state, or county declaration of emergency, an unforeseen emergency, or an ongoing medical or surgical procedure where the nurse’s continued presence is needed.

Who does it cover?

The law defines nurses as registered nurses (RNs) and licensed practical nurses (LPNs). Health care employers are employers operating according to Article 28 of the Public Health Law, such as:

  • Hospitals
  • Nursing homes
  • Diagnostic treatment centers
  • State-operated facilities licensed under various state laws
  • Facilities operated or licensed by the Office of Child and Family Services

Why was it enacted?

The law was enacted to create a procedure to limit mandatory overtime and also to establish penalties for violations. This way, nurses can file a complaint of violations and NYSDOL can investigate claims.

Where is it applicable?

This law is applicable only in the state of New York.

When is the law effective?

The law was initially enacted July 1, 2009, and a new amendment effective June 28, 2023 creates a reporting procedure for health care employers, who must display a poster with information on how to file a complaint with the Department of Labor (NYSDOL).

Where can I find more information?

Business Scam Letters Alert

Have you recently received some official-looking business paperwork for Form 501-C? After reading through the form, it orders you to submit payment for a service process fee for your business. Don’t be fooled!

Above is an example letter of this scam. It claims that you must fill out the form and send it back with a check for the requested amount to file with the state and avoid penalty fees.

The letter scares the reader into thinking that there are legal ramifications if the notice is ignored. It warns that your business may lose the right to conduct businesses, retain entity name, and there is a penalty amount if not filed on time. The return address is even located in Sacramento, the state’s capitol!

However, upon reading through the letter carefully, it states:

  • This product or service has not been approved or endorsed by any governmental agency
  • This offer is not being made by an agency of the government
  • This is not a bill, this is a solicitation.
  • You are under no obligation to pay the amount stated above unless you accept this offer.

The letter looks extremely misleading, so unless you are careful, it is an easy mistake to simply write out a check to pay the fee and include your business information to let this company submit a filing on your behalf.

Statements and filings submitted directly on the government website do not have this service processing fee. The fee to file the statement is $25 for California stock and foreign corporations, and $20 for California nonprofit corporations and all limited liability companies.

When handling business and legal forms, it is always necessary to do your due diligence while reading and filing out sensitive information, especially when payment is involved. The official government and state websites will allow you to file directly with the secretary of state, rather than go through a third party. For more information about this scam, the state of California has an informative page, which you can access here: https://www.sos.ca.gov/business-programs/customer-alerts/misleading-statement-information-solicitations

2023 Mandatory State Updates (January)

The end of 2022 surprised us at All In One Poster Company with a mandatory federal change, but that was just the beginning! In January 2023, various states also released mandatory updates such as minimum wage, paid leave, and state OSHAs. Below is a table of the mandatory updates. If your business is located in these states or have any employees working there, please check that your poster is in compliance! If you have any questions about your poster being up to date, contact us via phone, email, website, or message us on social media!

JurisdictionUpdated
Federal ContractorMinimum Wage
AlaskaMinimum Wage
ArizonaMinimum Wage
CaliforniaMinimum Wage & others
ColoradoMinimum Wage & others
District of ColumbiaPaid Leave & others
DelawareMinimum Wage
IllinoisMinimum Wage
LouisianaEarned Income Credit
MassachusettsPaid Family Leave
MaineMinimum Wage
MinnesotaMinimum Wage
MissouriMinimum Wage
MontanaMinimum Wage
North CarolinaMinimum Wage
NebraskaMinimum Wage & others
New HampshirePaid Family Leave
New JerseyMinimum Wage
New MexicoMinimum Wage
NevadaNV OSHA
New YorkMinimum Wage & others
OhioMinimum Wage
OregonPaid Leave & others
Rhode IslandMinimum Wage & others
South CarolinaDiscrimination
South DakotaMinimum Wage
TexasEqual Employment Opportunity
VirginiaMinimum Wage
VermontMinimum Wage
WashingtonMinimum Wage & others

This list is subject to change and was last updated February 2023.

There may be future, unforeseen updates throughout 2023 in addition to those listed above. You can purchase updated posters either standalone posters, or a subscription plan on our website.

California 2023 Minimum Wage FAQ

Last Updated: November 28, 2022

What is California’s current minimum wage rate?
Below is the schedule for California Minimum Wage rate, 2022-2023.
Some cities and counties have higher minimum wages than the state’s rate.

DateMinimum Wage for Employers with 25 Employees or LessMinimum Wage for Employers with 26 Employees or More
January 1, 2022$14.00/hour$15.00/hour
January 1, 2023$15.50/hour$15.50/hour

Is California’s Minimum Wage changing for 2023?
On July 27, 2022, the Director of the Department of Finance certified that based on the annual inflation rate from 7/1/21-6/30/22, under Labor Code section 1182.12(c)(3)(A), the state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 an hour (regardless of the number of workers employed by an employer). However, the scheduled increases may be temporarily suspended by the Governor, based on certain determinations. 

Why would the California Minimum Wage increase be delayed?
The conditions for pausing a scheduled increase are as follows:

  • The Governor can pause an increase if the seasonally adjusted statewide job growth for either the prior three or six months is negative and retail sales receipts for the prior 12 months is negative.
  • Alternatively, the Governor can pause an increase if it is projected to cause a deficit (defined as a negative operating reserve of more than one percent of annual revenues [currently about $1.2 billion]) in the current state budget or in the budget forecast for either of the next two fiscal years.*
  • On August 1 of each year the Governor will make a preliminary determination on whether the conditions are met for pausing the following year’s increase.  A final determination must be made by September 1. 

Do I have to post the new minimum wage right now?
At the time of writing, employers are currently not yet required to post the new California Minimum Wage rate (for 2023) that is listed at $15.50; the California State Government website has not yet released the official notice. This is because the 2022 rate is valid from January 1, 2022 until December 31, 2022. The Minimum Wage Order (MW-2022) is still valid since the notice lists the minimum wage rates for 2022 and 2023.

Where do I find more information?
Information on the minimum wage can be found and accessed at the California State Government website: www.dir.ca.gov

Last Updated: November 28, 2022

How To Stay In Compliance With Employment Labor Laws For Your Business

Employment labor laws – such as minimum wage, discrimination, unemployment, sick leave, and so on – are constantly updated and vary in different states and jurisdictions. It is an intensive process to make sure your business stays in compliance with all these changing laws – some of which you may not even be aware of!

Did You know?

While the federal minimum wage has not been increased since 2009, state minimum wages, which are often higher, sometimes increase annually! So that labor law poster that’s been hanging up on the wall since 2018 may be outdated, and your employees are legally entitled to being informed of their worker rights.

Below are some ways your business can stay in compliance with the employment labor laws:

  • Hire a labor law expert. Having an expert on staff who answers questions about the complex labor laws that apply in the workplace and can specifically work out issues for your company and industry can help alleviate stress to running a business.
  • Delegate an employee to monitor labor law updates. This can be especially helpful for businesses that employ workers in different states and locations. As mentioned before, states and jurisdictions may vary in which laws are updated and constantly changing. Having a person assigned this duty specifically so that mandatory updates are not overlooked is important to staying in compliance.
  • Set up a labor law poster subscription. Related to the previous point, perhaps the employee assigned the duty is not necessarily an expert in labor law. The solution may be to outsource it, and that employee can simply be in charge of being the person to set up a labor law subscription for the company. All In One Poster Company offers compliance plans for 1 year, 2 year, or 3 year subscriptions – and we will send you new labor law posters for each mandatory update. You can find all the options for compliance plans we offer here: https://www.allinoneposters.com/Subscription-Plans
  • Find and partner with an Employer of Record (EOR). An EOR is an organization that serves as the employer for tax purposes while the employee performs work at a different company. The EOR handles functions such as processing payroll, filing taxes, handling unemployment, workers’ compensation, new hire onboarding, issuing W-2 forms, and more.
  • Provide training and resources to the HR team. The HR team should be up-to-date on legal updates and research changes to ensure compliance for labor laws, and managers should receive communication and the option to take additional courses that focus on updated laws. Membership to an HR organization or association, along with staying up-to-date on the U.S. Department of Labor websites and reading, can help supplement the HR team’s knowledge on labor laws.

Lastly, if you have ordered labor law posters from All In One Poster Company, and have questions about whether or not the poster you currently have is still in compliance, feel free to contact us. We are happy to provide the information via telephone or e-mail.

(We apologize as we can only speak for our own labor law posters that are printed by our company, and cannot be sure if posters purchased from a different company are accurate or up-to-date. All In One Poster Company is not affiliated or partnered with any other labor law company.)

New York Electronic Monitoring

Who does this law apply to?

Employers who engage in employee e-mail monitoring in the state of New York need to provide notice to their employees about such monitoring.

What is the law?

The new electronic monitoring law requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur, and also provides employers shall also post the notice of electronic monitoring.

When does it go into effect?

The law is effective May 7, 2022.

Where do I have to post it?

You must post the electronic monitoring notice in a conspicuous place, readily available for viewing by all employees.

Why do I need this notice?

Employer transparency is important so that employees are aware of monitoring and collection of data in the workplace, and is required in order to avoid civil penalties by following the law. Employers found in violation shall be subject to a maximum penalty of $1,000 for each offense.

How do I get the notice?

Employers can prepare the acknowledgement notice in their company documents for new employees, and post the notice. The notice can be worded at the company’s own discretion, as long as it states language similar to “This employer may engage in the following types of electronic monitoring of employees’ activities or communications with regards to: telephone, camera, computer, radio, wire, electronic, e-mail,” and etc. There is not yet an official notice distributed by New York state. (As of May 10, 2022 – this may change later on.)

2022 Updates: January to April

The first quarter of the calendar year in 2022 has already passed! Below is a table for states that have made updates and changes to their state notices. If your business is located in these states, please check that your poster is in compliance! Questions about your poster being up-to-date? Contact us via phone, email, website, or message us on social media!

JurisdictionUpdated
Federal ContractorJanuary 2022
ArkansasFebruary 2022
ArizonaJanuary 2022
CaliforniaJanuary 2022
ColoradoJanuary 2022
District of ColumbiaJanuary 2022
DelawareFebruary 2022
IllinoisJanuary 2022
IowaMarch 2022
LouisianaJanuary 2022
MarylandApril 2022
MassachusettsJanuary 2022
MaineJanuary 2022
MichiganJanuary 2022
Nevada*March 2022
New JerseyFebruary 2022
OregonFebruary 2022
OhioJanuary 2022
Rhode IslandJanuary 2022
South DakotaJanuary 2022
VirginiaJanuary 2022
VermontJanuary 2022

*Note: Nevada has a pending increase to the state minimum wage effective in July!

You can view the full list of states on our website page for poster updates.

https://www.allinoneposters.com/poster-update-sign-up

You can purchase updated posters either standalone posters, or a subscription plan on our website.

Earthquake Preparedness

If you live in a state that experiences frequent earthquakes, it is important to protect workers from injury in the case of an earthquake.

Practice:

  • Drop
  • Cover
  • Hold On

Employers can prepare their workplaces before an earthquake occurs through training, earthquake drills, and information. Everyone in the workplace should know what to do if an earthquake happens, and helps reduce fear and anxiety in the event it occurs. Employers should identify potential hazards to workers.

We sell an informational safety poster you can post in the workplace to provide your employees information on earthquake preparedness on our website, allinoneposters.com

Labor Law Poster Sizing Requirements

Labor Law notices have certain sizing requirements to stay in compliance with mandated government laws.

Font sizing requirements

Labor law notices are required to have a font point of at least 10 point font in order to be legible for employees to read the notices with ease.

Notice sizing requirements

Certain notices have a minimum size requirement for being posted, which varies from state to state based on the individual notice. Most notably, the Federal OSHA notice is required to be at least 8.5in wide and 14in tall.

  • All In One Poster Company’s standard poster size for State & Federal Combination posters is 27inches wide by 39 inches tall.
  • The Nevada poster is even longer than our standard poster: 27inches wide by 42 inches tall (additional 3 inches). This is because Nevada has so many required labor law postings. In October 2021, the state released 2 additional notices to be posted (Assembly Law 307 and Assembly Law 190), which we have since included on our Nevada posters.
  • For Federal Contractors, the poster for only federal notices is 27inches wide by 45inches tall in size. The reason this poster is so big is because not only does the OSHA posting have the size requirement (8.5 x 14), but the National Labor Relations Act has a size requirement of 11×17. It also has more required notices since it is for government contractors, so it includes special notices such as Federal Contractor minimum wage and paid sick leave.

Stay aware of varying poster sizes when buying labor law posters from different companies. There are many companies out there who will try to compromise compliance and accuracy of required notices by shirking the size requirements or even omitting required notices. On the other end of the spectrum, there are also companies that try to up-sell posters in excess in order to make more money, even if the posters contain notices that are not required for your business. It is always important to do research on who and what you are purchasing from, to avoid getting scammed, being over-charged, or otherwise.

All In One Poster Guarantee

If you purchase a labor law poster from All In One Poster Company, we guarantee that you will receive a poster that is always up to date with the latest revisions.

Purchasing posters randomly, from generalized websites without doing research into the companies selling those posters, can be a huge risk to you as a consumer and a business. Labor law posters are a requirement for a business to be in compliance, and some mandatory government notices are updated frequently. For example, the state minimum wage can change annually and has to be updated.

To verify that you are receiving the most updated poster, our website has 2 webpages for all the recent poster updates, sorted by state.

You can access the one for 2022 poster updates via this URL: https://www.allinoneposters.com/2022-anticipated-labor-law-poster-update

It lists the state, which notice was updated, the effective date, and if applicable, the previous rate vs. the new rate (for minimum wage). If your state had no changes to their labor law poster effective in 2022, it will not be listed on that page.

We have an additional page for general poster updates. This one is different from the 2022 updates since it lists older updates, not just the 2022 recent ones. This page will have every state listed, along with the federal updates.

You can access the page for all poster updates via this URL: https://www.allinoneposters.com/poster-update-sign-up

 For some states, you can see that there has been no update for a few years. For example, the last update New Hampshire had was in 2019.

If you know of a specific state-released official notice update, you can compare it with the notice on our poster. Often, state-released updates will have a date at the bottom of the notice. All In One Poster Company also puts the date that the poster was printed at the bottom left corner of each poster.

All In One Poster Company also does not sell any outdated posters. When there is a mandatory state update, we dispose of all previously printed posters in our warehouse and only sell the posters with the latest updates.

We are aware that some companies may still sell outdated posters. All In One Poster Company is not one of them – we take the responsibility of removing all the old posters from our shelves. Due to the nature of the labor law business, it is a loss that we shoulder in order to provide our customers with the most accurate posters in the event a business gets audited.

We provide these tools and encourage all customers to do additional research on their local and state ordinances in order to stay in compliance.