Employee Right to Know: What It Means and How to Stay Compliant
“Employee right to know” (also called “workers right to know” or “workplace right to know”) refers to an employee’s legal right to receive clear information about workplace hazards, pay rules, and key employment protections—and an employer’s obligation to provide that information in specific, compliant ways. If you’re an HR professional or business owner, this usually shows up in three practical compliance areas: required workplace postings, hazard communication and safety disclosures, and anti-retaliation protections.
This guide explains what the employee right to know covers, which laws drive the requirements, and what you can do now to reduce risk.
What “Employee Right to Know” Covers
The “right to know” concept isn’t one single federal law. It’s a compliance theme that runs through multiple federal and state regulations requiring employers to inform employees about:
- Workplace hazards and safe practices
- Wage-and-hour rules (minimum wage, overtime, child labor where applicable)
- Discrimination, harassment, and accommodation rights
- Workers’ compensation and unemployment information
- How to report concerns without retaliation
For broader context on how these obligations fit into your overall compliance program, see SwiftSDS’s hub on Compliance in the workplace.
Core Legal Foundations: Where the “Right to Know” Comes From
OSHA and the Hazard Communication Standard (HazCom)
One of the most direct “workplace right to know” requirements comes from OSHA’s Hazard Communication Standard (29 CFR 1910.1200). In general, HazCom requires employers to:
- Maintain a written hazard communication program
- Ensure hazardous chemicals are properly labeled
- Provide access to Safety Data Sheets (SDS)
- Conduct employee training at the time of initial assignment and when new hazards are introduced
If you’re building a safety baseline, it helps to align your program with a clear understanding of what safety means in compliance terms—SwiftSDS breaks this down in define workplace safety. And if you’re assessing risk exposure in specific situations, read hazardous work environment.
Wage and Hour “Right to Know” (FLSA Posting and Notice)
At the federal level, the Fair Labor Standards Act (FLSA) requires employers to post a notice explaining minimum wage, overtime, and child labor rules. Most employers satisfy this through the official DOL poster:
- Employee Rights Under the Fair Labor Standards Act (U.S. Department of Labor)
Public agencies have a distinct version:
And Spanish-language availability supports workforce access:
Discrimination and Harassment Rights (Notice + Policy Enforcement)
“Workers right to know” also includes knowing how to report harassment/discrimination and understanding protected classes and retaliation protections. While requirements vary by jurisdiction, employers should treat postings, policies, and training as a coordinated compliance set. SwiftSDS provides sees the legal landscape in harassment in the workplace laws.
State “Right to Know” Laws (Example: Massachusetts Temporary Workers)
Some states have explicit “right to know” laws beyond OSHA—especially for staffing, temporary work, or high-risk industries. For example, Massachusetts has a targeted requirement:
- Your Rights under the Massachusetts Temporary Workers Right to Know Law (MA Department of Labor Standards)
If you operate in Massachusetts, this should be evaluated alongside other required postings and notices, such as:
- Massachusetts Wage & Hour Laws
- Fair Employment in Massachusetts
- Notice to Employees
- Information about Employees' Unemployment Insurance Coverage
- Massachusetts Workplace Safety and Health Protection for Public Employees
Practical Compliance Checklist: How to Meet Employee Right to Know Obligations
1) Post required notices where employees can see them
Many “right to know” obligations are satisfied (at least in part) through mandatory labor law posters displayed in a conspicuous location—break rooms, near time clocks, or onboarding areas.
Action steps:
- Confirm you have the correct federal + state posters for every worksite.
- Ensure posters are current versions and not outdated PDFs.
- If you have remote employees, consider how your jurisdiction treats electronic posting (some allow it only if employees customarily receive info electronically).
To streamline poster compliance across locations, see SwiftSDS’s compliance poster service.
2) Provide hazard communication access: SDS, labels, and training
Under OSHA HazCom, “workplace right to know” becomes operational. Employees must be able to access SDS during their work shift and understand chemical hazards.
Action steps:
- Keep SDS accessible (physical binder or reliably accessible digital system).
- Train employees on:
- How to read an SDS
- Label elements and pictograms
- Protective measures and emergency procedures
- Update training when introducing new chemicals or processes.
If you’re documenting compliance beyond training logs, align hazard reviews with your broader definition of risk; the SwiftSDS guide on hazardous work environment can help you structure internal audits.
3) Communicate wage-and-hour rights clearly
Even when the FLSA poster is displayed, HR teams should operationalize “right to know” through onboarding materials and manager practices.
Action steps:
- Provide written timekeeping and overtime approval rules.
- Train supervisors not to discourage accurate time reporting.
- Maintain required payroll and time records.
For a broader view of baseline protections employees should know about, see 5 rights of workers and the definition of workers rights.
4) Reinforce non-retaliation and reporting channels
Across OSHA, wage laws, and anti-discrimination frameworks, retaliation protections are a common thread: employees must be able to raise concerns without adverse action.
Action steps:
- Put reporting channels in writing (HR email, hotline, supervisor escalation, anonymous option where feasible).
- Document investigation steps and response timelines.
- Train managers on protected activity (reporting hazards, wage complaints, discrimination complaints, etc.).
5) Pair “right to know” with required training topics
Some “right to know” content must be trained, not just posted—especially safety topics and certain state harassment training requirements.
Action steps:
- Build an annual training calendar covering safety, harassment, reporting channels, and job-specific hazards.
- Track attendance and completion.
- Refresh when laws change or incidents indicate gaps.
For help structuring training programs, see Compliance training for employees. If your policies include substance-related rules, also review the interplay between internal policy and legal requirements in the drug free workplace act.
Common Mistakes That Create “Right to Know” Risk
- Assuming one poster covers everything. Many states add notices beyond federal requirements.
- Out-of-date postings. Wage rates, agency branding, and required language can change.
- SDS not actually accessible. A binder locked in an office or an intranet that floor staff can’t access can fail the “accessible during shift” expectation.
- Training without documentation. If it isn’t documented, it’s difficult to defend during an audit, claim, or investigation.
- No multilingual support. While not every law mandates translations in every scenario, access-to-information is a predictable enforcement and litigation pressure point—especially with hazard communication and wage/hour postings where agencies provide official translations.
FAQ: Employee Right to Know
What is the employee right to know in simple terms?
It’s the employee’s legal right to be informed about workplace hazards and key employment protections (like pay rules and anti-discrimination rights), and the employer’s duty to provide that information through postings, training, accessible SDS, and clear policies.
Is “right to know” only about hazardous chemicals?
No. OSHA’s Hazard Communication Standard is a major part of “workplace right to know,” but the concept also includes wage-and-hour notices (like the FLSA poster) and state-specific notices (for example, Massachusetts temporary worker disclosures).
Do remote employees need access to labor law notices?
Often yes—but the method depends on the law and jurisdiction. Some rules allow electronic posting if employees customarily receive information electronically and can access it easily. Many employers use a combined approach: physical postings where required plus a digital compliance portal.
If you’re building a defensible program, treat employee right to know as a system: post the right notices, train the right topics, maintain accessible SDS and records, and audit by location. For additional guidance on aligning these pieces, start with SwiftSDS’s Compliance in the workplace resource and expand from there based on your state and industry.