Most employers are aware of their duty to display certain employee postings in the workplace, but employers are also responsible for distributing various notices to employees to comply with a variety of labor laws and regulations. These notices cover specific matters, vary from state to state, and may change due to new or updated laws. Read further for some examples.
Notice At Hire
In addition to new hire paperwork, such as Form W-4 and Form I-9, information about company policies and practices should be shared with new employees (some notices can be included in the employee handbook). In a few states, including Connecticut, if an employer will be electronically monitoring their employees, they must provide written notice. In other states, there are other notices that must be provided to the new employee, such as pay notification, family leave, and recordkeeping notices.
Notice During Tenure
During the employee’s tenure, most states require an employer to provide each employee with some kind of statement on payday summarizing the wage amount the employee is receiving for the pay period and how the pay was calculated. Additionally, some localities have a requirement to provide an additional notice to employees of their pay rates and other pay-related information when the information changes.
Notice Upon Certain Life Events
Family and Medical Leave Act (FMLA) covered employers are responsible for providing FMLA eligibility notice when an employee requests FMLA leave or when the employer acquires knowledge that an employee leave may be for FMLA-qualifying reasons. In New York, employers are required to inform employees who are returning to work following the birth of a child about their right to take unpaid breaks during the workday for the purpose of pumping breast milk.
Notice Each Year
Annual notice regarding discrimination and harassment prevention may be necessary, such as in Massachusetts. Annual notice of the whistleblower law is required in New Jersey for employers with 10 or more workers.
Notice By Industry
In addition to some localities with predictive scheduling laws, Oregon’s predictive scheduling law also necessitates notice of the employee work schedule and applies to employers in the retail, hospitality and food industries with 500 or more employees worldwide. Starting June 19, 2023, employers at warehouse distribution centers in New York must provide a written description of each quota applicable to the employee.
Notice At Separation
At the end of employment, many states, including Tennessee, have requirements regarding the documentation to provide, such as documentation relating to unemployment compensation. Federal WARN and any state mini-WARN Acts governing mass layoffs may apply in certain situations before an employee’s separation from employment.
Notices apply to a variety of situations, employers, and industries. Employers should make sure they know the notice requirements that apply to their business. Check out this resource available to FrankCrum clients:
From registering your business with a state to forms you may be required to provide employees, this guide is designed to lead you to a wealth of resources. To obtain many required forms, check out this guide (on MyFrankCrum, Resources, HR Resources) and reach out to your FrankCrum contacts as needed.