FAQs

Where employees are required to report to a main office, a central headquarters location or the same worksite on a regular basis, there is no requirement for employers to post notices at their other worksite locations. The employer may post all of the required federal posters in the main office/headquarters where all employees report so long as they are displayed prominently and are readily visible to all employees.

Yes. The Department of Workforce Solutions offers a seven in one poster free of charge. The poster includes

• Your Rights under the Fair Labor Act
• Your Rights under USERRA The Uniformed Services
• Employment and Reemployment Rights Act
• The Immigration Reform and Control Act (IRCA) Prohibits
• Employment Discrimination
• Employee Polygraph Protection Act
• Your Rights under the Family & Medical Leave Act of 193
• Equal Employment Opportunity is THE LAW!
  OSHA

These posters may be picked up at your local New Mexico Workforce Connection office.

The U.S. Department of Labor is currently studying whether electronic means could be used to satisfy notice posting obligations. At present, however, physical posting of paper notices is required.

Yes. Whether the organization is non-profit or for profit has no bearing on whether it is required to post posters.

In general, your contractor should post the posters at your workplace for the contractor's employees. However, in some cases, you may be considered a joint employer of these employees, so you should make sure the required posters are posted if the contractor does not do so.

No, but if you start hiring employees you will need to post the required posters.

Yes. If New Mexico has a higher minimum wage than the federal minimum wage the employer still has to post the federal Fair Labor Standards Act (FLSA)/ Minimum Wage poster.

In order to be exempt from federal and state poster requirements, the employer must use only workers who qualify as bona fide volunteers under the Fair Labor Standards Act, bona fide volunteers are individuals who donate their services for public service, religious or humanitarian objectives, without contemplation of being paid.

Yes. How an employee is paid is not relevant to whether you must post the Fair Labor Standards Act (FLSA)/ Minimum Wage Poster.