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Update to EEOC Mandatory Posters: New QR Code for Filing Charges

October 20, 2022

On October 19th the U.S. Equal Employment Opportunity Commission (EEOC) released the ‘Know Your Rights’ poster. The new poster is meant to replace the former mandatory signage commonly known as the “EEO is the Law” poster. Under Federal law, every employer covered by the non-discrimination and EEO laws is required to post on its premises the "Equal Employment Opportunity is the Law" poster. The old “EEO is the Law” posters stressed several fundamental components of the law enforced by the EEO, including the prohibition of discrimination based on:


  1. Race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion,
  2. Age (40 and older),
  3. Equal pay,
  4. Disability,
  5. Genetic information (including family medical history or genetic tests or services), and includes
  6. Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.


In addition to the information on the old poster, the new “Know Your Rights” poster includes a QR code for applicants or employees to link directly to instructions on how to file a charge of workplace discrimination with the EEOC. Employees are now able to use their smartphone cameras to directly access the website to begin the process of filing a complaint with the EEOC. Charlotte A. Burrows, Chair of the EEOC, also stated that, “by using plain language and bullet points, the new poster makes it easier for employers to understand their legal responsibilities and for workers to understand their legal rights and how to contact EEOC for assistance. The poster advances the EEOC’s mission both to prevent unlawful employment discrimination and remedy discrimination when it occurs.”


As well as the inclusion of the QR codes, the new posters also stresses that harassment is a prohibited forms of discrimination and clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.



Additionally, the EEOC’s release reiterated the requirements for displaying the poster, stating, “the posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.”


In conjunction with displaying physical copies of the poster on premises, employers are now encouraged to post a notice digitally on their websites in a conspicuous location. The Americans with Disabilities Act requires that the posters be placed in a location that is accessible to person with limited mobility. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or work remotely and do not visit the employer's workplace on a regular basis), it may be the only posting.


If you have questions about the updated EEOC guidelines, or any other general employment issues, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Employer’s Counterclaims in Response to Suit Under Wage Act Dismissed Per Employee’s Anti-SLAPP Motion

January 15, 2025
An employer brought counterclaims of malicious prosecution and abuse-of-process in response to a Wage Act suit brought by an employee. The Appeals Court cited that the employer’s counterclaims should have been dismissed under the anti-SLAPP (Strategic Lawsuits Against Public Participation) law. Anti-SLAPP laws are meant to provide parties with a way to quickly dismiss meritless lawsuits filed against them, usually in response to a lawsuit. The plaintiff in this case, an hourly laborer, claimed that his employer violated the Wage Act by failing to pay him for four of the six weeks he worked for them. The employer refuted these allegations, stating that the employee had only worked for two weeks, that he had been paid in full and then brought counterclaims of malicious prosecution and abuse of process. The District Court judge denied the plaintiff’s motion to dismiss the counterclaims under the anti-SLAPP law. When brought to the Appeals Court, the decision was reversed; the Appeals Court stated that the defendants did not meet the burden of showing that plaintiff’s claims lacked an objectively reasonable factual basis. This ruling suggests that it might behoove an employer to pause and wait to see if a plaintiff’s Wage Act claim fails before filing a counterclaim of abuse of process or malicious prosecution in response.  If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Compensation Plans and Contingent Compensation Pitfalls

January 8, 2025
Attorney Trevor Brice hosted a seminar on Wednesday, January 8, 2025, discussing the possible issues with current compensation plans and contingent compensation pitfalls made possible by recent court rulings. Some of the topics discussed included: Issues with current compensation plans under the FLSA Restrictive Covenants and Compensation Plans Problems with Commission-Based Compensation Plans and Possible Solutions When a Bonus is not actually a bonus and issues under the Massachusetts Wage Act This seminar was perfect for H.R. professionals and anyone in a management position. Please feel free to contact any of the attorneys at The Royal Law Firm if you have any questions on this topic!
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