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Posters!

I was scanning a big document on our printer and while mindlessly doing so, I happened to notice our all-in-one labor law poster that needs to be hung where all employees can see it. While reading bits and pieces of it, I looked at the date on it and wondered if I need to get a new one. I do…

I did a little research to figure out what I need to have and thought I would share what I found. Below are the Federal Posting Requirements:

Private employers, state and local governments, and educational institutions are required to post notices in compliance with the following acts:

  • Age Discrimination in Employment Act (ADEA).
  • Americans with Disabilities Act (ADA).
  • Employee Polygraph Protection Act (EPPA).
  • Equal Pay Act (EPA).
  • Fair Labor Standards Act (FLSA).
  • Family and Medical Leave Act (FMLA).
  • Occupational Safety and Health Act (OSH Act).
  • Title VII Civil Rights Act of 1964.
  • Uniformed Services Employment and Re-Employment Rights Act (USERRA).

Government contractors are required to post notices in compliance with the following acts and provisions:

  • Davis-Bacon Act. Mmmmm… BACON
  • Drug-Free Workplace Act.
  • Executive Order 11246.
  • National Labor Relations Act (NLRA).
  • Section 503 of the Rehabilitation Act of 1973.
  • Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).
  • Walsh-Healy Public Contracts Act.

In addition to the required posters, it is recommended that employers post notices in compliance with the following acts:

  • Civil Rights Act of 1991 (included in the Equal Employment Opportunity is the Law poster).
  • Consolidated Omnibus Budget Reconciliation Act (COBRA).
  • Consumer Credit Protection Act, Title III.
  • Employee Retirement Income Security Act of 1974 (ERISA).
  • Fair Credit Reporting Act (FCRA).
  • Federal Military Selective Service Act.
  • Immigration Reform and Control Act (IRCA).

Required Private Employer, State and Local Government, and Educational Institution Posters

Federal law requires that specific posters must be displayed in the workplace. The required notices must be conspicuously displayed in an area where employees traditionally congregate. Copies of the posters should be provided in a format accessible to employees with disabilities that limit their ability to see or read.

Age Discrimination in Employment Act (ADEA)

The ADEA requires employers with 20 or more employees to post the Equal Employment Opportunity Commission (EEOC) Equal Employment Opportunity is the Law poster in hiring and work locations.

Penalty

The penalty for failing to post the required notice is a fine of $559 per offense.

Americans with Disabilities Act (ADA)

Per the ADA, employers with 15 or more employees must post the EEOC Equal Employment Opportunity is the Law poster in hiring and work locations.

Penalty

The penalty for failing to post the required notice is a fine of $559 per offense.

Employee Polygraph Protection Act (EPPA)

The EPPA requires employers to post notices detailing employees’ rights regarding lie-detector tests in an area where notice may be readily seen by both employees and applicants. The Employee Polygraph Protection Act poster may be printed and posted to fulfill this requirement.

Equal Pay Act (EPA)

As provided by the EPA, all employers must conspicuously post a notice that any pay differential based on an employee’s sex is prohibited. This notice is included in the EEOC’s Equal Employment Opportunity is the Law poster.

Penalty

The penalty for failing to post the required notice is a fine of $559 per offense.

Fair Labor Standards Act (FLSA)

Every employer of employees subject to the FLSA’s minimum wage provisions must post Employee Rights Under the Fair Labor Standards Act, which also covers child labor standards and retaliation against employees asserting their rights under the FLSA.

Special Minimum Wage Poster

Employers of workers with disabilities under special minimum wage certificates authorized by the FLSA, the McNamara-O’Hara Service Contract Act, and/or the Walsh-Healey Public Contracts Act must display the Employee Rights for Workers with Disabilities/Special Minimum Wage poster in a conspicuous place on the employer’s premises where employees and the parents or guardians of workers with disabilities can readily see it.

Family and Medical Leave Act (FMLA)

Per FMLA provisions, employers with 50 or more employees must inform employees that they are entitled to 12 weeks of unpaid, but job-protected, leave for any of the following:

  • For the birth and care of the newborn child of the employee.
  • For placement with the employee of a son or daughter for adoption or foster care.
  • To care for an immediate family member (spouse, child, or parent) with a serious health condition.
  • To take medical leave when the employee is unable to work because of a serious health condition.

The Family and Medical Leave Act Poster must be displayed in both hiring and work locations and must be provided in the language in which employees are literate.

Penalty

The penalty for failing to post the required notice is a $173 fine per offense.

Occupational Safety and Health Act (OSH Act)

The OSH Act requires all employers to display the Job Safety and Health: It’s the Law poster.

Penalty

The penalty for failing to post the required notice is a fine of up to $13,260.

Title VII of the Civil Rights Act

Title VII provides that employers with 15 or more employees are required to post the EEOC Equal Employment Opportunity is the Law poster.

Penalty

The penalty for failing to post the required notice is a fine of $559 per offense.

Uniformed Services Employment and Re-Employment Rights Act (USERRA)

All employers are required to display the Your Rights Under USERRA poster informing employees covered by USERRA of their rights, benefits, and obligations under the act. The notice must be posted where employers customarily place employment notices.

Required Government Contractors Posters

Davis-Bacon Act

The Davis-Bacon Act is applicable to employers with contracts in federally-financed construction in excess of $2,000. The act requires the Employee Rights Under the Davis-Bacon Act poster to be displayed in the workplace specifying minimum hourly rates that must be paid by the employer.

Drug-Free Workplace Act

A poster providing employees with information concerning drug-abuse programs and drug-awareness programs is required for all employers with federal contracts equal to or greater than $25,000. The poster is available through the Administrator for Federal Procurement Policy in the Office of Management and Budget.

Executive Order 11246

Employers with 50 or more employees, with government contracts in excess of $50,000, must post a notice that discrimination is prohibited against all employees and applicants. The order requires affirmative action quotas to be met in order to remedy present and/or future effects of past discrimination. The “Equal Employment Opportunity is the Law” Poster Supplement must be posted in addition to the Equal Employment Opportunity is the Law poster.

Every employer covered by Executive Order 11246 must also post the Pay Transparency Nondiscrimination Provision poster and include it in employee manuals and handbooks.

Penalty

The penalty for failing to post these required notices is a fine of $559 per offense.

National Labor Relations Act (NLRA)

Appellate courts have enjoined the National Labor Relation Board’s rule requiring the posting of employee rights under the National Labor Relations Act. However, employers may voluntarily post the Employee Rights Under the NLRA poster, if they wish.

Section 503 of the Rehabilitation Act

Employers that have both a federal contract or subcontract of $50,000 or more and 50 or more employees, must prepare, implement, and maintain a written affirmative action program covering each of its establishments. The employer must review and update the program annually and make it available for inspection by any employee or applicant for employment, as well as by the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor. The program may be integrated with or kept separate from any other affirmative action program the employer is required to prepare.

The required language is provided in the EEOC’s Equal Employment Opportunity is the Law poster.

Penalty

The penalty for failing to post the required notice is a fine of $559 per offense.

Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

Employers with government contracts in excess of $10,000 must display a notice that affirmative action should be used to employ and advance veterans of the Vietnam era. Employers of more than 50 employees, with contracts in excess of $50,000, must have a written affirmative action plan. The required language is contained in the EEOC’s Equal Employment Opportunity is the Law poster.

Walsh-Healy Public Contract Act

Employers with government contracts in excess of $10,000 must display the Employee Rights on Government Contracts poster stating that the employer must pay the prevailing minimum wage and time-and-one-half for hours worked exceeding 40 hours per week.

Recommended Notifications

The following notifications are not required of all employers but are recommended to inform employees of their rights and privileges during employment.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

COBRA applies to employers with 20 or more employees. The COBRA Model Election Notice states that employers must extend the option of continued health insurance to employees, their spouses, and dependents that otherwise would lose their health insurance coverage as a consequence of termination or another qualifying event.

Consumer Credit Protection Act, Title III

Fact Sheet #30 informs employees that garnishment withholding of more than 25 percent of disposable income is prohibited and that employers’ actions relative to discharge are limited. The act is applicable to all FLSA-covered employers.

Employee Retirement Income Security Act (ERISA)

Reporting and Disclosure Guide for Employee Benefit Plans informs employees of pension and welfare information relative to employee participation in certain programs.

Fair Credit Reporting Act (FCRA)

A Summary of Your Rights Under the Fair Credit Reporting Act notice informs employees, upon receipt of the employee’s consent, of an employer’s intention to procure and use employee credit reports in hiring or other employment processes.

Immigration Reform and Control Act (IRCA)

The Immigration Reform and Control Act (IRCA) requires employers to verify the identity and employment eligibility of all new employees via Form I-9, Employment Eligibility Form. The IRCA is enforced by the Immigrant and Employee Rights Section (IER) of the U.S. Department of Justice. There is no general IRCA poster; however, employers participating in E-Verify must post an E-Verify Participation poster in English and Spanish and Immigration and Employee Rights poster to inform current and prospective employees of their legal rights and protections under the act.

Not sure if you need a poster? You do! Not sure where to get one? Let us know and we can help you out.