Monday, December 26, 2016

How to Determine If Your Workplace Posters Are Compliant?

As an employer, federal and state laws require you to clearly display official labor and employment posters detailing federal and applicable state labor laws. Failure in posting the right posters will result in penalties and fines. Hence, it’s important to make sure which workplace posters you are required to post.

Posting requirements vary by statute; that is, not all employers are covered by each of the Department's statutes and thus may not be required to post a specific notice. For example, some small businesses may not be covered by the Family and Medical Leave Act and thus would not be subject to the Act's posting requirements.

The elaws Poster Advisor can be used to determine which poster(s) employers are required to display at their place(s) of business. For information on state poster requirements , you can go to the workplace posters provider and get the most up-to-date posting requirements and professional services on posting compliance.

The following are Compliance Assistance Materials that helps you make sure if you are required to post the federal posters:

Workplace Posters
l  Employee Rights Under the Fair Labor Standards Act" Poster (FLSA / Minimum Wage)
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.
l  Job Safety and Health: It's the Law" Poster (Occupational Safety and Health Act/OSHA)
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.
l  "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.
l  Equal Employment Opportunity is the Law" Poster (EEO)
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.
l  Pay Transparency Nondiscrimination Provision (41 CFR Part 60-1.35)
l  Migrant and Seasonal Agricultural Worker Protection Act Notice (MSPA)
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).
l  Employee Rights for Workers with Disabilities Paid at Special Minimum Wages" Poster (FLSA Section 14(c))
Who Must Post: Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act.
l  Employee Polygraph Protection Act Notice (EPPA)
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.
l  "Your Rights Under USERRA" Notice/Poster
Who Must Post: The full text of the notice must be provided by each employer to persons entitled to rights and benefits under USERRA.
l  Employee Rights Under the H-2A Program
Who Must Post: Agricultural employers hiring temporary agricultural workers under H-2A visas.

Workplace Posters of special interest to federal contractors:
l  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.
l  "Equal Employment Opportunity is the Law" Poster (EEO)
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.
l  Pay Transparency Nondiscrimination Provision (41 CFR Part 60-1.35)
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.
l  "Employee Rights on Government Contracts" Poster (SCA, CWHSSA, Walsh-Healey)
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.
l  "Notification of Employee Rights Under Federal Labor Laws" Poster
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.


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