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| November 5, 2008 DOL Home > elaws Advisors > FirstStep Poster Advisor |
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Poster RequirementsResults
Based on the information you provided in response to the questions in the Advisor, the following federal laws which have poster requirements likely apply to your business or organization. Please note the Advisor does not identify all the poster requirements of other federal agencies but it does include the poster required by the Equal Employment Opportunity Commission, if applicable.
In addition, certain organization may be required to display posters that can only be obtained from DOL's Office of Workers' Compensation Programs (OWCP). More information on these posters is available. Links to all federal employment posters are always available on the Poster Page as are answers to frequently asked questions. Thank you for using the Department of Labor's FirstStep Poster Advisor. If you need information on state poster requirements, please contact your state labor office or visit the state poster page at Business.gov. Also note that some localities have workplace poster requirements, as do some other federal agencies such as the Department of Housing and Urban Development which requires certain businesses to post its Equal Housing Opportunity poster. Please visit the FirstStep Employment Law Overview Advisor if you are interested in all the provisions of a particular federal employment law. The Employee Polygraph Protection Act (EPPA) The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents private sector employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act. EPPA excludes federal, state and local government agencies from the Act's coverage, with respect to public employees. Lie detector tests may also be administered by the Federal Government to employees of Federal contractors engaged in national security intelligence or counterintelligence functions. EPPA includes limited exemptions that allow for the administration of polygraph tests (but no other lie detector tests) by private sector employers: Subject to restrictions, the Act permits polygraph (a type of lie detector) tests to be administered to certain job applicants of security service firms (armored car, alarm, and guard) and of pharmaceutical manufacturers, distributors, and dispensers. Subject to restrictions, the Act also permits polygraph testing of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in specific economic loss or injury to the employer. Where polygraph examinations are permitted under the Act, they are subject to strict standards concerning the conduct of the test, including the pre-test, testing, and post-test phases of the examination. The Employment Standards Administration, Wage and Hour Division (WHD) enforces the EPPA. Poster RequirementsPoster. Every employer subject to EPPA (whether prohibited or permitted to conduct polygraph tests) shall post and keep posted on its premises a notice explaining the Act. The notice must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment. There is no size requirement for the poster. The EPPA poster is available in English and Spanish. Posting of the EPPA poster in Spanish is optional. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division Executive Order 11246 (E.O. 11246) prohibits certain federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. This E.O. applies to federal contractors and subcontractors and to federally-assisted construction contractors and subcontractors, who do over $10,000 in government business in one year. The Executive Order also requires covered government contractors to take affirmative action to insure that equal opportunity is provided in all aspects of employment. The Employment Standards Administration’s Office of Federal Contract Compliance Programs (OFCCP) administers and enforces E.O. 11246. Poster RequirementsContractors 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 EEO notice, Equal Employment Opportunity is the Law (PDF). 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 notice. The notice must be posted in conspicuous places available to employees and applicants for employment and representatives of each labor union with which the covered contractor or subcontractor has a collective bargaining agreement, such as, the personnel office, work-out facility, lunchroom, or company bulletin board. There is no particular size requirement. The poster is also available in Spanish and Chinese. Posting of the notice in other languages is not required. OFCCP recognizes that there are differences between its poster and the Equal Employment Opportunity Commission’s (EEOC) poster. Despite these differences, both posters are accepted as valid by OFCCP and EEOC. DOL ContactsEmployment Standards Administration (ESA),
Office of Federal Contract Compliance Programs (OFCCP) The Fair Labor Standards Act (FLSA) The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA requires employers to pay covered nonexempt employees a minimum wage of not less than $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. For more information see the Wage and Hour Basic Information Fact Sheet. An employee may be covered by the FLSA in two ways: "enterprise coverage" and "individual coverage." For more detail on FLSA coverage, see Wage and Hour Division Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA) Special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. Some employees are exempt from overtime pay or both the minimum wage and overtime pay. Because exemptions are generally narrowly defined under the FLSA, an employer should carefully check the exact terms and conditions for each. Detailed information is available from the local Wage and Hour Division office. The Wage and Hour Division of the U.S. Department of Labor administers and enforces the FLSA with respect to private employment, state and local government employment, and federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and Tennessee Valley Authority. The U.S. Office of Personnel Management administers the provisions of the FLSA with respect to any person employed by a Federal agency. Poster RequirementsEvery employer of employees subject to the FLSA’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments. Although there is no size requirement for the poster, employees must be able to readily read it. The FLSA poster is also available in Spanish, Russian and in Chinese. There is no requirement to post the poster in languages other than English. Covered employers are required to post the general Fair Labor Standard's Act poster; however, certain industries have posters designed specifically for them. Agricultural Employees (PDF) and State & Local Government Employees (PDF) can either post the general Fair Labor Standards Act poster or their specific industry poster. There are also posters for American Samoa (PDF) and Northern Mariana Islands (PDF). Every employer who employs workers with disabilities under special minimum wage certificates is also required to post the Employee Rights for Workers with Disabilities/Special Minimum Wage Poster. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The Fair Labor Standards Act (FLSA) / Section 14(c) The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. Special rules apply to State and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. Section 14 (c) of the FLSA authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay special minimum wages – wages less than the Federal minimum wage – to workers who have disabilities for the work being performed. The certificate also allows the payment of wages that are less than the prevailing wage to workers who have disabilities for the work being performed on contracts subject to the McNamara-O’Hara Service Contract Act (SCA) and the Walsh-Healey Public Contracts Act (PCA). The Employment Standards Administration’s Wage and Hour Division administers and enforces FLSA with respect to private employment, State and local government employment, and Federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and the Tennessee Valley Authority. Poster RequirementsEvery employer of employees subject to the FLSA’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments. Although there is no size requirement for the poster, employees must be able to readily read it. The FLSA poster is also available in Spanish and in Chinese. There is no requirement to post the poster in languages other than English. Certain industries have posters designed specifically for them. Agricultural Employees (PDF) and State & Local Government Employees (PDF) can either post the general Fair Labor Standards Act poster or their specific industry poster. There are also posters for American Samoa (PDF) and Northern Mariana Islands (PDF). Under FLSA Section 14(c), employers of workers with disabilities are also required to post the “Employee Rights for Workers with Disabilities/Special Minimum Wage Poster” poster. This poster explains the conditions under which special minimum wages may be paid. The poster must be posted in a conspicuous place on the employer’s premises where employees and the parents and guardians of workers with disabilities can readily see it. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The Occupational Safety and Health (OSH) Act The Occupational Safety and Health (OSH) Act was enacted to "assure safe and healthful working conditions for working men and women." The OSH Act created the Occupational Safety and Health Administration (OSHA) at the federal level and provided that states could run their own safety and health programs as long as those programs were at least as effective as the federal program. Enforcement and administration of the OSH Act in states under federal jurisdiction is handled primarily by OSHA. Safety and health standards related to field sanitation and certain temporary labor camps in the agriculture industry are enforced by the Employment Standards Administration's Wage and Hour Division (WHD) in states under federal jurisdiction. You have indicated that your establishment is in Maryland, which operates an OSHA-approved State Plan. Please contact the safety and health office in Maryland to obtain information on your state's job safety and health standards. State plans may not cover all employers in the state and coverage varies by state. For example, the types of employment that may not be covered under a state plan may include parts of the maritime industry and shipbuilding, or contractors operating on military bases or on other federally-owned land. State plans extend coverage to State and local government employers and employees. In general, employers not covered under the state plan must comply with federal safety and health requirements. Poster RequirementsPoster. You have indicated that your establishment is in Maryland, which has its own state OSHA Plan. Each state or territory with a state plan has a poster that employers covered by the plan must display. Please contact the safety and health office in Maryland to obtain a copy of your state's OSHA poster. State plans do not cover all employers in the state. Coverage varies by state. For example, the types of employment that may not be covered under a state plan may include parts of the maritime industry and shipbuilding, or contractors operating on military bases or on other Federally-owned land. Employers not covered under the state plan must comply with the Federal OSHA requirements, and each establishment would have to display the OSHA “Job Safety and Health: It’s the Law” poster. The poster is also available in Spanish. The OSHA poster must be displayed in a conspicuous place where employees and applicants for employment can see it. Reproductions or facsimiles of the poster shall be at least 8 1/2 by 14 inches with 10 point type. Posting of the notice in other languages is not required. If you are unsure about whether you must display the Federal or state poster, contact your Federal OSHA office in Maryland or your state plan OSHA office. DOL ContactsOccupational Safety and Health Administration (OSHA) The Rehabilitation Act of 1973, Section 503 Section 503 of the Rehabilitation Act of 1973 (Section 503) prohibits discrimination and requires certain employers to take affirmative action to hire, retain, and promote qualified individuals with disabilities. This Act applies to all federal contracts or subcontracts that exceed $10,000. All contractors and subcontractors with covered contracts must include a specific equal opportunity clause in each of their nonexempt contracts and subcontracts. The Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) administers and enforces Section 503. Poster RequirementsContractors and subcontractors who have a covered federal contract or subcontract are required to post the EEO notice, “Equal Employment Opportunity is the Law Poster”. The notice must be posted prominently, where it can be readily seen by employees and applicants for employment, (e.g., personnel office, work-out facility, lunchroom, or company bulletin board). There is no particular size requirement. The poster is also available in Spanish and Chinese. Posting of the notice in other languages is not required. OFCCP recognizes that there are differences between its poster and the Equal Employment Opportunity Commission’s (EEOC) poster. Despite these differences, both posters are accepted as valid by OFCCP and the EEOC. Contractors that have the obligation to develop a written 503 AAP must post a notice at each establishment providing the location and hours the AAP may be obtained. Additionally, the policy statement required by the 503 AAP must be posted on company bulletin boards so that applicants and employees with disabilities are informed of the contents of the policy statement (for example, the contractor may have the statement read to a visually disabled individual, or may lower the posted notice so that it may be read by a person in a wheelchair). DOL ContactsEmployment Standards Administration (ESA),
Office of Federal Contract Compliance Programs (OFCCP) Uniformed Services Employment and Reemployment Rights Act (USERRA) The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members' reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation. The Veterans’ Employment and Training Service (VETS) enforces USERRA. Poster RequirementsEmployers are required to provide to persons covered by USERRA, a notice of the rights, benefits and obligations of the employees and workers under USERRA. Employers may provide the notice of “Your Rights Under USERRA” by posting it where employer notices are customarily placed, by mailing it, or by distributing it via electronic mail. There is no size requirement for the poster version of the notice.
DOL Contacts
Veterans’ Employment and Training Service (VETS) Whistleblower Protection Provisions The Occupational Safety and Health Act (OSH Act) and fifteen other statutes with whistleblower provisions statutes protect workers against retaliation for filing certain complaints with their employers, unions, the Occupational Safety and Health Administration (OSHA), or other government agencies. These protections cover complaints about workplace safety and health; the environment; pipeline safety; air carrier safety; nuclear safety; asbestos in schools; corporate fraud; SEC rules or regulations; commercial motor vehicle safety, health, or security; public transportation safety or security; railroad safety or security; or fraud, waste, or abuse of public funds intended to be used for public transportation or railroad safety or security; as well as other related protected activities. Retaliation may include actions such as discharge or layoff, reductions in pay or hours, demotion, discipline, blacklisting, denial of overtime or promotion, failure to hire or rehire, or denial of benefits. The Occupational Safety and Health Administration administers and enforces the whistleblowing provisions of the OSH Act and the fifteen other statutes. Poster RequirementsPosters. All employers covered by the OSH Act are required to display and keep displayed the OSHA “Job Safety and Health: It’s the Law” poster. The poster is also available in Spanish. There is a separate poster for Federal agencies. This poster informs employees of their right to file a retaliation or discrimination complaint with OSHA for making safety and health complaints or for exercising rights under the OSH Act. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. Reproductions or facsimiles of the poster shall be at least 8 1/2 by 14 inches with 10 point type. Posting of the notice in other languages is not required. Employers covered by the Energy Reorganization Act of 1974 (ERA) must display the poster, “Your Rights Under the Energy Reorganization Act,” where employees can readily see it. DOL ContactsOccupational Safety and Health Administration (OSHA) For questions on other DOL laws, please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service. |
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