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 Contract Work Hours and Safety Standards Act The Contract Work Hours and Safety Standards Act (CWHSSA) applies to laborers and mechanics, including watchmen and guards, employed by contractors and subcontractors with federal service contracts and federally funded and assisted construction contracts over $100,000. The CWHSSA is enforced by the Wage and Hour Division of the Employment Standards Administration. Poster RequirementsA Poster is required to be posted on all contracts to which CWHSSA applies. The notice to be posted depends on the type of federal procurement contract involved – either the Notice to all Employees Working on Federal or Federally Financed Construction Projects (PDF)(http://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf) for Davis-Bacon contracts or, for contracts to which the Service Contract Act (SCA) applies, the “Employee Rights on Government Contracts(http://www.dol.gov/whd/regs/compliance/posters/sca.htm)” must be posted. The appropriate poster(s) must be posted at the site of the work in a prominent and accessible place where it may be easily seen by employees. There is no size requirement for these posters but they must be easily readable. DOL ContactsWage and Hour Division(http://www.dol.gov/whd/) 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 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(http://www.dol.gov/whd/regs/compliance/posters/eppa.htm) and Spanish(http://www.dol.gov/whd/regs/compliance/posters/eppaspan.htm). Posting of the EPPA poster in Spanish is optional. Notices. There are specific notices that must be given to examinees and examiners in instances where polygraph tests are permitted: When a polygraph test is administered pursuant to the economic loss or injury exemption, the employer is required to provide the examinee with a statement prior to the test, in a language understood by the examinee, which fully explains the specific incident or activity being investigated and the basis for testing particular employees. The statement must contain, at a minimum, the following information:
Every employer who requests an employee or prospective employee to submit to a polygraph examination, pursuant to the ongoing investigation, drug manufacturer, or security services EPPA exemptions, must provide:
Employers must also provide written notice to the examiner identifying the persons to be examined. DOL ContactsWage and Hour Division(http://www.dol.gov/whd/) 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)(http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm). 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 notice is also available in Spanish(http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeosp.pdf) and Chinese(http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost(chinese).pdf). Posting of the notice in languages other than English is not required. OFCCP recognizes that there are differences between its poster and the Equal Employment Opportunity Commission’s (EEOC) poster(http://www.eeoc.gov/posterform.html). Despite these differences, both posters are accepted as valid by OFCCP and EEOC. DOL ContactsOffice of Federal Contract Compliance
Programs (OFCCP)(http://www.dol.gov/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(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm) 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(http://www.dol.gov/whd/regs/compliance/posters/flsaspan.htm), Chinese(http://www.dol.gov/whd/regs/compliance/posters/minwagecn.pdf), Russian(http://www.dol.gov/whd/regs/compliance/posters/FLSAPosterRuss.pdf), Thai,(http://www.dol.gov/whd/regs/compliance/posters/MinWageThai.pdf) Hmong,(http://www.dol.gov/whd/regs/compliance/posters/MinWageHmong.pdf) Vietnamese(http://www.dol.gov/whd/regs/compliance/posters/minwageViet.pdf), and Korean(http://www.dol.gov/whd/regs/compliance/posters/minwageKorean.pdf). There is no requirement to post the poster in languages other than English(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm). Covered employers are required to post the general Fair Labor Standards Act poster; however, certain industries have posters designed specifically for them. Employers of Agricultural Employees (PDF)(http://www.dol.gov/whd/regs/compliance/posters/wh1386Agrcltr.pdf) and State & Local Government Employees (PDF)(http://www.dol.gov/whd/regs/compliance/posters/wh1385State.pdf) can either post the general Fair Labor Standards Act poster(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm) or their specific industry poster. There are also posters for American Samoa (PDF)(http://www.dol.gov/whd/minwage/americanSamoa/ASminwagePoster.pdf) and Northern Mariana Islands (PDF)(http://www.dol.gov/whd/regs/compliance/posters/cnmi.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(http://www.dol.gov/whd/regs/compliance/posters/disab.htm). DOL ContactsWage and Hour Division(http://www.dol.gov/whd/) 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 RequirementsNotices. Each worker with a disability receiving a special minimum wage under FLSA Section 14(c), and, where appropriate, the parent or guardian of such worker, shall be informed orally and in writing by the employer of the terms of the certificate under which such worker is employed. In addition, employers must display both the certificate and the Wage and Hour Division poster, Notice to Workers with Disabilities Paid at Special Minimum Wages (WH Publication 1284(http://www.dol.gov/whd/regs/compliance/posters/disab.htm)). Posters. Every employer of employees subject to the FLSA’s minimum wage provisions must post, and keep posted, a notice(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm) 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(http://www.dol.gov/whd/regs/compliance/posters/flsaspan.htm), Chinese(http://www.dol.gov/whd/regs/compliance/posters/minwagecn.pdf), Russian(http://www.dol.gov/whd/regs/compliance/posters/FLSAPosterRuss.pdf), Thai,(http://www.dol.gov/whd/regs/compliance/posters/MinWageThai.pdf) Hmong,(http://www.dol.gov/whd/regs/compliance/posters/MinWageHmong.pdf) Vietnamese(http://www.dol.gov/whd/regs/compliance/posters/minwageViet.pdf), and Korean(http://www.dol.gov/whd/regs/compliance/posters/minwageKorean.pdf). There is no requirement to post the poster in languages other than English(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm). Certain industries have posters designed specifically for them. Employers of Agricultural Employees (PDF)(http://www.dol.gov/whd/regs/compliance/posters/wh1386Agrcltr.pdf) and State & Local Government Employees (PDF)(http://www.dol.gov/whd/regs/compliance/posters/wh1385State.pdf) can either post the general Fair Labor Standards Act poster(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm) or their specific industry poster. There are also posters for American Samoa (PDF)(http://www.dol.gov/whd/minwage/americanSamoa/ASminwagePoster.pdf) and Northern Mariana Islands (PDF)(http://www.dol.gov/whd/regs/compliance/posters/cnmi.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(http://www.dol.gov/whd/regs/compliance/posters/disab.htm)” 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 ContactsWage and Hour Division(http://www.dol.gov/whd/) The Family and Medical Leave Act (FMLA) The Family and Medical Leave Act of 1993 (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid leave for certain family and medical reasons. The FMLA provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons:
The Department of Labor's Wage and Hour Division published a Final Rule under the Family and Medical Leave Act. The final rule becomes effective on January 16, 2009, and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008. It also includes revisions in response to public comments received on the proposed rule issued in February 2008. The Federal Register Notice and related documents are available at Wage and Hour's FMLA Final Rule website. FMLA also requires that the employee's group health insurance coverage be maintained under the same terms and conditions during the leave as if the employee had not taken leave. The Employment Standards Administration, Wage and Hour Division administers and enforces FMLA for all private, state and local government employees, and some federal employees. Most Federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress. Poster RequirementsPoster. All covered employers are required to display and keep on display a poster explaining the provisions of the FMLA and telling employees how to file a complaint with the Wage and Hour Division of violations of the Act. The poster must be displayed prominently where employees and applicants for employment can see it .The poster and all the text must be large enough to be easily read and contain fully legible text. Covered employers must display the poster even if no employees are eligible for FMLA leave. Where the employer’s workforce is comprised of a significant portion of workers who are not literate in English, the employer is required to provide the notice in a language in which the employees are literate. To meet the posting requirements, employers may use the prototype poster prepared by the Department or may use another format so long as the information provided includes, at a minimum, all of the information contained in that notice. Electronic posting is permitted as long as it meets all of the posting requirements. The Department’s FMLA prototype poster is available in English(http://www.dol.gov/whd/regs/compliance/posters/fmla.htm) and Spanish(http://www.dol.gov/whd/regs/compliance/posters/fmlaspan.htm). Employer notices. Covered employers are required to post a notice for employees outlining the basic provisions of the FMLA. Employers are also required to provide notice of an employee’s eligibility and rights and responsibilities under the FMLA and to designate qualifying leave as FMLA and provide notice of that designation, including the amount of leave that will count against the employee’s FMLA entitlement to the employee. General notice. If a covered employer has any eligible employees, it must also provide general notice to each employee by including the notice in employee handbooks or other written guidance to employees concerning benefits or leave rights if such written materials exist. If such written materials do not exist, the employer may accomplish this by distributing a copy of the general notice to each new employee upon hire. In either case, distribution may be accomplished electronically. An employer may duplicate the text of the Poster to meet this general notice requirement, or may use another format so long as the information provided includes, at a minimum, all of the information contained in that notice. Where an employer’s workforce is comprised of a significant portion of workers who are not literate in English, the employer must provide the general notice in a language in which the employees are literate. Eligibility notice. When an employee requests FMLA leave or the employer acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee’s eligibility to take FMLA leave within five business days, absent extenuating circumstances. The eligibility notice must state whether the employee is eligible for FMLA leave, and if the employee is not eligible, must state at least one reason why the employee is not eligible. The Department of Labor makes available a Prototype Eligibility and Rights and Responsibilities Notice(http://www.dol.gov/whd/forms/wh-381.pdf) (Form WH-381), which employers may adapt as appropriate for their use to meet their eligibility and rights and responsibilities (see below) notice requirements. Rights and Responsibilities notice. Each time the eligibility notice is provided, the employer is also required to provide a written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. If leave has already begun, the employer should mail the notice to the employee’s address of record. The employer must translate this notice in any situation where it is obligated to translate the general notice into a language in which employees are literate. The written notice must also include information on:
The specific notice may include other information such as whether the employer will require periodic reports of the employee’s status and intent to return to work, but is not required to do so. The notice of rights and responsibilities may be accompanied by any required certification form. If the specific information provided by the notice changes, the employer must provide written notice referencing the prior notice and setting forth any of the information that has changed. This notice of changes should be provided within five business days of receipt of the employee's first notice of need for leave subsequent to any change. The Department makes available a Prototype Eligibility and Rights and Responsibilities Notice(http://www.dol.gov/whd/forms/WH-381.pdf) (Form WH-381), which employers may adapt as appropriate for their use to meet their eligibility and rights and responsibilities notice requirements. Designation notice. The employer is responsible in all circumstances for designating leave as FMLA-qualifying and giving notice of the designation to the employee. When the employer has enough information to determine whether the leave is being taken for an FMLA-qualifying reason, such as after receiving a certification, the employer must notify the employee whether the leave is designated and will count as FMLA leave within five business days, absent extenuating circumstances. Only one designation notice for each FMLA-qualifying reason per applicable 12-month leave year is required. The employer must also notify the employee if it determines that the leave is not FMLA-qualifying and will not be designated as FMLA leave. If the employer is requiring the employee to submit a fitness-for-duty certification to be restored to his or her job, the employer must provide notice of the requirement with the designation notice. If the employer will require that the fitness-for-duty certification address the employee’s ability to perform the essential functions of the employee’s position, the employer must indicate so in the designation notice and include a list of the essential functions. If the employer handbook or other written documents describing the employer's leave policies clearly provide that a fitness-for-duty certification will be required in specific circumstances, the employer is not required to provide written notice of this requirement, but must provide at least oral notice no later than at the time off the designation notice. The designation notice must be in writing. The Department of Labor makes available a prototype Designation Notice(http://www.dol.gov/whd/forms/WH-382.pdf) (Form WH-382) for employer’s use. If the leave is not designated as FMLA leave because it does not meet the requirements for FMLA protection, the notice that the leave is not designated FMLA may be in the form of a simple written statement. If the information provided by the employer to the employee in the designation notice changes, the employer must provide written notice of the change within five business days of receipt of the employee’s first notice of need for leave subsequent to the change. Additionally, the employer must notify the employee of the amount of leave counted against his or her FMLA entitlement. If known at the time the leave is designated, the employer must notify the employee of the number of hours, days, or weeks that will be counted against the employee’s FMLA entitlement. If it is not possible to provide the hours, days, or weeks that will be counted against the entitlement (such as in the case of unforeseeable, intermittent leave), then the employer must provide notice of the amount of leave counted against the FMLA leave entitlement at the request of the employee, but no more often than once in a 30-day period and only if leave was taken in that period. Notice of the amount of leave taken may be oral, but if oral, must be confirmed in writing, generally by no later than the following payday; such written notice may be in any form, including a pay stub notation. DOL ContactsWage and Hour Division(http://www.dol.gov/whd/) The McNamara-O'Hara Service Contract Act (SCA) The McNamara-O'Hara Service Contract Act (SCA) covers contracts entered into by Federal and District of Columbia government agencies where the principal purpose of the contract is to furnish services in the U.S. through the use of "service employees." The term "service employee" includes any employee engaged in performing services on a covered contract other than a bona fide executive, administrative, or professional employee who meets the exemption criteria set forth in the Fair Labor Standards Act regulations. The Employment Standards Administration’s Wage and Hour Division (WHD) - enforces the Service Contract Act. Poster RequirementsEvery employer performing work covered by the Service Contract Act is required to provide each employee working on the contract notice of the SCA payment and fringe benefit requirements for the different classes of service employees and to post the “Employee Rights on Government Contracts(http://www.dol.gov/whd/regs/compliance/posters/sca.htm)” notice (including any applicable wage determination) at the site of the work in a prominent and accessible place where it may be easily seen by employees. There are no size requirements for the poster. The Employee Rights on Government Contracts poster is available Spanish(http://www.dol.gov/whd/regs/compliance/posters/scaspan.htm) as well. If the contractor employs workers with disabilities under special minimum wage certificates, the “Notice to Workers with Disabilities/Special Minimum Wage (PDF) poster”(http://www.dol.gov/whd/regs/compliance/posters/disab.htm) must also be posted. This poster explains the conditions under which special minimum wages may be paid. It must be posted in a conspicuous place on the employer’s premises where it can be readily seen by employees and the parents or guardians of workers with disabilities. DOL ContactsWage and Hour Division(http://www.dol.gov/whd/) 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 California, which operates an OSHA-approved State Plan. Please contact the safety and health office in California 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. All covered employers are required to display and keep displayed the OSHA “Job Safety and Health: It’s the Law(http://www.osha.gov/Publications/poster.html)” poster unless the employer’s workplace is located in a state that operates an OSHA-approved state plan(http://www.osha.gov/dcsp/osp/index.html). There is a separate poster for Federal agencies(http://www.osha.gov/Publications/fedposter.html). 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. This poster is also available in Spanish(http://www.osha.gov/Publications/osha3167.pdf). Posting of the notice in languages other than English is not required. Each state or territory with a state plan has a poster that employers covered by the plan must display. State plan OSHA offices(http://www.osha.gov/dcsp/osp/states.html) can be contacted to obtain a copy. Contact your Federal OSHA office(http://www.osha.gov/html/oshdir.html) or your state plan office to determine coverage. Notices. Employees, former employees and their representatives have the right to review the OSHA Form 300, Log of Work-related Illnesses and Injuries, in its entirety. Employers are required to post the Summary of Work-related Injuries and Illnesses (Form300A)(http://www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf#Page=8) in a visible location so that employees are aware of the injuries and illnesses that occur in their workplace. Employers are required to post the Summary Form (300A) by February 1 of the year following the year covered by the form and keep it posted until April 30 of that year. DOL ContactsOccupational Safety and Health Administration
(OSHA) (http://www.osha.gov) 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”(http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm). 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 notice is also available in Spanish(http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeosp.pdf) and Chinese(http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost(chinese).pdf). Posting of the notice in languages other than English is not required. OFCCP recognizes that there are differences between its poster and the Equal Employment Opportunity Commission’s (EEOC) poster(http://www.eeoc.gov/posterform.html). Despite these differences, both posters are accepted as valid by OFCCP and the EEOC. Contractors that have the obligation to develop a written Section 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 Section 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 can be read by a person in a wheelchair). DOL ContactsOffice of Federal Contract Compliance
Programs (OFCCP)(http://www.dol.gov/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 employers under USERRA. To do this, employers may post the notice entitled “Your Rights Under USERRA(http://www.dol.gov/vets/programs/userra/USERRA_Federal.pdf)” where employer notices are customarily placed, mail it, or by distributing it via electronic mail. There is no size requirement for the poster version of the notice. DOL ContactsVeterans’ Employment and Training Service
(VETS)(http://www.dol.gov/vets/) The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212, or VEVRAA), as amended, requires that contractors and subcontractors with a federal contract or subcontract in the amount of $100,000 or more, entered into on or after December 1, 2003, for the purchase, sale, or use of personal property or non-personal services (including construction), take affirmative action to employ and advance in employment qualified covered veterans. Disabled veterans, recently separated veterans (veterans within 3 years of their discharge or release from active duty), veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized (referred to as “other protected veterans”), and Armed Forces service medal veterans are covered veterans under VEVRAA. Prior to amendments made by the Jobs for Veterans Act ((JVA), VEVRAA applied to contracts in the amount of $25,000 or more, and covered other categories of veterans. The JVA amendments apply only to contracts entered into on after December 1, 2003. For contracts or subcontracts of $25,000 or more, entered into before December 1, 2003, VEVRAA requires contractors to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era, recently separated veterans (veterans within 1 year of their discharge or release from active duty), and other protected veterans. The affirmative action and mandatory job-listing provisions of VEVRAA are enforced by the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP). The Veterans’ Employment and Training Service (VETS) administers the veterans’ employment reporting requirement. 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(http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm). 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). The contractor must ensure that applicants or employees who are disabled veterans are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it can be read by a person in a wheelchair). There is no particular size requirement. The notice is also available in Spanish(http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeosp.pdf) and Chinese(http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost(chinese).pdf). Posting of the notice in languages other than English is not required. OFCCP recognizes that there are differences between its poster and the Equal Employment Opportunity Commission’s (EEOC) poster(http://www.eeoc.gov/posterform.html). Despite these differences, both posters are accepted as valid by OFCCP and the EEOC. Contractors that have the obligation to develop a written AAP under VEVRAA must post a notice at each establishment providing the location and hours the AAP may be obtained. Additionally, the policy statement required by a Section 4212 AAP must be posted on company bulletin boards and applicants and employees who are disabled veterans must be 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 can be read by a person in a wheelchair). DOL ContactsOffice of Federal Contract Compliance
Programs (OFCCP)(http://www.dol.gov/ofccp/) Veterans’ Employment and Training Service
(VETS)(http://www.dol.gov/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(http://www.osha.gov/Publications/poster.html)” poster. The poster is also available in Spanish(http://www.osha.gov/Publications/poster2.html). There is a separate poster for Federal agencies(http://www.osha.gov/Publications/fedposter.html). 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 languages other than English is not required. Employers covered by the Energy Reorganization Act of 1974 (ERA) must display the poster, “Your Rights Under the Energy Reorganization Act(http://www.osha.gov/dep/oia/whistleblower/ERA_poster_20070810.pdf),” where employees can readily see it. Notices. There are generally no notice requirements for employers under most of the Whistleblower Protection provisions administered and enforced by OSHA. For other notice requirements under the OSH Act, see the OSHA Recordkeeping, Reporting, Poster, and Other Notice Requirements page(http://www.dol.gov/compliance/guide/osha.htm). DOL ContactsOccupational Safety and Health Administration
(OSHA) (http://www.osha.gov) 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. |
