As a human resource professional, you have a lot of responsibilities to manage. Responsibilities not only from your organization, but also from the U.S. Department of Labor (USDOL). Remaining in compliance can pertain to many areas of business, but one component of compliance that is often overlooked is the requirement to post important notices publicly in the workplace, or in the case of telework, share with staff electronically or via mail.
So, what makes this seemingly simple task a struggle for employers? Posting requirements vary by statute, which means that not all statutes apply to every employer. This can make it difficult to determine exactly which notices you must provide. To make it easy, we’ve scoured the USDOL website to determine who must post each poster type, what the potential citations or penalties are for failing to post, and provide a link to download a copy for yourself.
Employee Rights Under the Fair Labor Standards Act
Who Must Post: Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices.
Citations/Penalty: No citations or penalties for failure to post.
Other Information: Any employer of employees to whom sec. 7 of the Fair Labor Standards Act does not apply may alter or modify the poster legibly to show that the overtime provisions do not apply.
Job Safety & Health: It’s the Law
Who Must Post: Private employers engaged in a business affecting commerce. Does not apply to federal, state or political subdivisions of states.
Citations/Penalty: Any covered employer failing to post the poster may be subject to citation and penalty.
Other Information: Employers in states operating OSHA-approved state plans should obtain and post the state’s equivalent poster.
Employee Rights and Responsibilities Under the Family and Medical Leave Act (FMLA)
Who Must Post: Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers.
Citations/Penalty: Willful refusal to post may result in a civil money penalty by the Wage and Hour Division not to exceed $100 for each separate offense.
Other Information: Where an employer’s workforce is not proficient in English, the employer must provide the notice in the language the employee speaks. The poster must be posted prominently where it can be readily seen by employees and applicants for employment.
Equal Employment Opportunity is the Law and Supplement
Who Must Post: Entities holding federal contracts or subcontracts or federally assisted construction contracts of more than $10,000; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading.
Please note that the EEOC may provide additional posting requirements at Section 2000e-10 [§711]. Every employer covered by the nondiscrimination and EEO laws is required to post on its premises the poster, “Equal Employment Opportunity is the Law.”
Citations/Penalty: Appropriate contract sanctions may be imposed for uncorrected violations.
Other Information: Post copies of the poster, supplement, and provision in conspicuous places available to employees, applicants for employment, and send to representatives of labor organizations with which there is a collective bargaining agreement.
Pay Transparency Nondiscrimination Provision
Who Must Post: Contractors and subcontractors who hold a single Federal contract or subcontract in excess of $10,000 or who hold contracts or subcontracts with the Federal government in any 12-month period that have a total value of more than $10,000 are required to post the Equal Employment Opportunity (EEO) notice. Federal contractors and subcontractors who (1) hold government bills of lading; (2) serve as a depository of Federal funds in any amount; or (3) act as issuing and paying agents for U.S. savings bonds and notes must also post the EEO is the Law poster and supplement.
Citations/Penalty: Appropriate contract sanctions may be imposed for uncorrected violations
Other Information: Post copies of the poster, supplement, and provision in conspicuous places available to employees, applicants for employment, and send to representatives of labor organizations with which there is a collective bargaining agreement.
Migrant and Seasonal Agricultural Worker Protection Act Notice
Who Must Post: Agricultural employers, agricultural associations and farm labor contractors subject to the MSPA and who employs any migrant or seasonal agricultural worker(s).
Citations/Penalty: A civil money penalty may be assessed.
Other Information: Each employer covered by the Act who provides housing to migrant agricultural workers shall post in a conspicuous place, throughout the occupancy period, information on the terms and conditions of occupancy of such housing.
Employee Rights for Workers with Disabilities Paid at Special Minimum Wages
Who Must Post: Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act.
Citations/Penalty: No citations or penalties for failure to post.
Other Information: Where an employer finds it inappropriate to post such a notice, the employer may provide the poster directly to all employees subject to its terms.
Employee Polygraph Protection Act Notice
Who Must Post: Any employer engaged in or affecting commerce or in the production of goods for commerce. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.
Citations/Penalty: The Secretary of Labor can bring court actions and assess civil penalties for failing to post.
Other Information: The Act extends to all employees or prospective employees regardless of their citizenship status. Foreign corporations operating in the United States must comply or will result in penalties for failing to post. The poster must be displayed where it can be readily observed by employees and applicants for employment.
Your Rights Under USERRA
Who Must Post: The full text of the notice must be provided by each employer to persons entitled to rights and benefits under USERRA.
Citations/Penalty: No citations or penalties for failure to notify. An individual could ask DOL to investigate and seek compliance, or file a private enforcement action to require the employer to provide the notice to employees.
Other Information: Employers may provide the notice by posting it where employee notices are customarily placed. However, employers are free to provide the notice in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by distributing the notice by direct handling, mailing, or via email).
Employer Rights Under the H-2A Program
Who Must Post: Agricultural employers hiring temporary agricultural workers under H-2A visas.
Citations/Penalty: The Wage and Hour Division of the U.S. Department of Labor has a primary role in investigating and enforcing the terms and conditions of employment. WHD is responsible for enforcing the contractual obligations employers have toward employees, and may assess civil money penalties and recover unpaid wages. Administrative proceedings and/or injunctive actions through federal courts may be instituted to compel compliance with an employer’s contractual obligations to employees. The Employment Training Administration (ETA) enforces other aspects of the laws and regulations. ETA is responsible for administering sanctions relating to substantial violations of the regulations and less than substantial violations of the regulations.
Other Information: Foreign workers employed under the H-2A program are not covered under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA); however, various other laws, such as workers’ compensation, tax (unemployment insurance, local, state, and federal), the Fair Labor Standards Act, and the Family and Medical Leave Act may apply to the employment of these workers.
Additional Workplace Posters of Special Interest to Federal Contractors
Notice to All Employees Working on Federal or Federally Financed Construction Projects (Davis-Bacon Act)
Who Must Post: Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1.
Citations/Penalty: No citations or penalties for failure to post.
Other Information: The contractor or subcontractor is required to insert in any subcontract the poster requirements contained in 29 CFR 5.5(a)(l). The poster must be posted at the site of work, in a prominent and accessible place where it can easily be seen by workers.
Employee Rights on Government Contracts
Who Must Post: Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500, the principal purpose of which is to furnish services in the U.S. through the use of service employees.
Citations/Penalty: No citations or penalties for failure to post.
Other Information: Contractors and any subcontractors engaged in federal service contracts exceeding $2,500 shall notify each service employee or post the minimum monetary wage and any fringe benefits required to be paid pursuant to the contract.
Notification of Employee Rights Under Federal Labor Laws
Who Must Post: Federal contractors and subcontractors must post the employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees. In particular, contractors and subcontractors must post the notice where other notices to employees about their jobs are posted.
Additionally, federal contractors and subcontractors who post notices to employees electronically must also post the required notice electronically via a link to the OLMS website. When posting electronically, the link to the notice must be placed where the contractor customarily places other electronic notices to employees about their jobs. The link can be no less prominent than other employee notices. Electronic posting cannot be used as a substitute for physical posting.
Where a significant portion of a federal contractor’s or subcontractor’s workforce is not proficient in English, they must provide the employee notice in languages spoken by employees. OLMS will provide translations of the employee notice that can be used to comply with the physical and electronic posting requirements.
Other Information: The notice, prescribed in the Department of Labor’s regulations, informs employees of Federal contractors and subcontractors of their rights under the NLRA to organize and bargain collectively with their employers and to engage in other protected concerted activity. Additionally, the notice provides examples of illegal conduct by employers and unions, and it provides contact information to the National Labor Relations Board, the agency responsible for enforcing the NLRA.
Citations/Penalty: The sanctions, penalties, and remedies for noncompliance with the notice requirements include the suspension or cancellation of the contract and the debarring of Federal contractors from future Federal contracts.
To view a quick list of all poster downloads, or to order a printed poster, please visit webapps.dol.gov/WHPS/Presentation/. While this resource details only the posters that are required under federal law, each state may require additional posters based upon its individual laws. Explore the requirements per state by visiting your Department of Labor office for additional requirements.
While the long list of ways to comply can get confusing, having the proper posters in place is an easy starting point to providing employees with the information they need. Just make sure these posters are placed in an area that is frequented by all employees on a regular basis, such as in bulletin boards in the break room, above time clocks, or in employee lounge areas. If you have a fully remote staff, you can easily upload to a company intranet for easy accessibility. At the end of the day, we’re here to help! If you have questions, feel free to reach out to compliance@directemployers.org for additional insight and guidance.
Source:
[1] “Workplace Posters.” https://www.dol.gov/general/topics/posters. U.S. Department of Labor. Accessed 2021 February 16.
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