Nuts-And-Bolts: To Post or Not to Post?

As the end of 2014 draws closer and closer, many organizations find themselves tying up loose ends and prepping for the start of a new year. Federal and State entities are frequently updating their posters and requirements, and the following list details the types of posters and which employers are required to post them.

(Depending on your industry, size, and state, other posting requirements may also apply.)

Federal Postings Include:

  • “Employee Rights Under the Fair Labor Standards Act” Poster (FLSA / Minimum Wage)
    • Every employer whose organization is subject to the FLSA’s minimum wage provisions must post, and keep posted, a notice explaining the Act.
  • “Job Safety and Health: It’s the Law” Poster (Occupational Safety and Health Act/OSHA)
    • All covered employers are required to display the OSHA “Job Safety and Health: It’s the Law” poster unless the employer’s workplace is located in a state that operates an OSHA-approved state plan. There is a separate poster for federal agencies.
  • “Employee Rights and Responsibilities Under The Family and Medical Leave Act” (FMLA) Poster
    • All covered employers are required to display a poster prepared by the Department of Labor summarizing the major provisions of The Family and Medical Leave Act (FMLA) and telling employees how to file a complaint.
  • “Equal Employment Opportunity is the Law” Poster (EEO)
    • 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 EEO notice, Equal Employment Opportunity is the Law. 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.
  • Migrant and Seasonal Agricultural Worker Protection Act Notice (MSPA)
    • Each farm labor contractor, agricultural employer, and agricultural association, that is subject to the MSPA and that employs any migrant or seasonal agricultural worker is required to post a poster explaining the rights and protections for workers required under the MSPA, such as the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) poster.
  • “Employee Rights for Workers with Disabilities Paid at Special Minimum Wages” Poster (FLSA Section 14(c))
    • Every employer of workers with disabilities under special minimum wage certificates authorized by the Fair Labor Standards Act, the McNamara-O’Hara Service Contract Act, and/or the Walsh-Healey Public Contracts Act shall display a poster prescribed by the Wage and Hour Division explaining the conditions under which special minimum wages may be paid.
  • Employee Polygraph Protection Act Notice (EPPA)
    • Every employer subject to the Employee Polygraph Protection Act (EPPA) shall post and keep posted on its premises a notice explaining the Act, as prescribed by the Secretary of Labor.
  • “Your Rights Under USERRA” Notice/Poster
    • Employers are required to provide to persons covered by USERRA a notice of the rights, benefits, and obligations of the employees and employers under USERRA.
  • H-2A Poster

 Posters strictly for Federal Contractors:

  • Notice to All Employees Working on Federal or Federally Financed Construction Projects (Davis-Bacon Act)
    • Every employer performing work covered by the labor standards of the DBRA must post the WH-1321 “Employee Rights Under the Davis-Bacon Act” poster.
  • “Equal Employment Opportunity is the Law” Poster (EEO)
    • 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 EEO notice, Equal Employment Opportunity is the Law. 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.
  • “Employee Rights on Government Contracts” Poster (SCA, CWHSSA, Walsh-Healey)
    • A 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 for Davis-Bacon contracts or, for contracts to which the Service Contract Act (SCA) applies, the “Employee Rights on Government Contracts” must be posted.
  • “Notification of Employee Rights Under Federal Labor Laws” Poster
    • Federal Government contracting departments and agencies must include provisions requiring contractors to post the prescribed notice in every Government contract, except collective bargaining agreements entered into by a Federal agency, contracts for purchases under the Simplified Acquisition Threshold, and in those cases where the Secretary exempts a contracting department or agency pursuant to the Executive Order. Government contractors must also include provisions requiring posting of the prescribed notice in all subcontracts.

There are a number of ways that employers chose to post these workplace posting requirements. Many chose to print out the individual policies and post them on their employee bulletin board, some opt for separate state and federal posters, and others decide on a combined federal and state poster.

Whichever option you decide to go with for the 2015 year, HRCentral can help you determine what postings are required to ensure your organization maintains compliance. Contact us for more information about posting requirements.