['Labor Law Posters']
['Labor Law Posters']
09/17/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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Most public and private employers fall under at least some posting requirements under federal, state, and/or local government laws, regulations, and/or executive orders. These workplace posters (also known as labor law posters or notices) are generally meant to make employees aware of their rights under certain laws or executive orders, or otherwise impart information about the employer and/or the law or executive order.
Employers need to be aware of the posting requirements that apply to them, as not having the appropriate information posted for employees may result in citations and fines. Some of these posting requirements have penalties associated with them for noncompliance. Failure to post federal employment law posters can potentially result in fines of more than $32,000.
In addition, it is important to be in compliance with posting regulations because the posters can help an employer prove that it has made employees aware of their rights under the law. Courts have ruled that failing to display a poster can extend the amount of time an employee has to sue for damages.
Scope
The posters that a private or public employer needs to display will depend on its location, the number of employees who work for the employer, the industry type, and/or the contracts under which it performs work. The scope and applicability is specified in the posting law, regulation, or executive order.
Regulatory citations
The federal government enforces workplace posters under the following regulations and executive orders:
- 9 CFR 381 — Poultry products inspection regulations
- 20 CFR 655 — Temporary employment of foreign workers in the United States
- 20 CFR 658 — Administrative provisions governing the job service system
- 20 CFR 1002 — Regulations under the uniformed services employment and reemployment rights act of 1994
- 23 CFR 635 — Construction and maintenance
- 29 CFR 4 — Labor standards for federal service contracts
- 29 CFR 5 — Labor standards provisions applicable to contracts covering federally financed and assisted construction (also Labor standards provisions applicable to nonconstruction contracts subject to the contract work hours and safety standards act)
- 29 CFR 10 — Establishing a minimum wage for contractors
- 29 CFR 13 — Establishing paid sick leave for federal contractors
- 29 CFR 24 — Procedures for the handling of retaliation complaints under the employee protection provisions of six environmental statutes and section 211 of the energy reorganization act of 1974, as amended
- 29 CFR 471 — Obligations of federal contractors and subcontractors; Notification of employee rights under federal labor laws
- 29 CFR 500 — Migrant and seasonal agricultural worker protection
- 29 CFR 501 — Enforcement of contractual obligations for temporary alien agricultural workers admitted under section 218 of the immigration and nationality act
- 29 CFR 516 — Records to be kept by employees
- 29 CFR 525 — Employment of workers with disabilities under special certificates
- 29 CFR 801 — Application of the employee polygraph protection act of 1988
- 29 CFR 825 — The family and medical leave act of 1993
- 29 CFR 1601 — Procedural regulations
- 29 CFR 1627 — Records to be made or kept relating to age notices to be posted
- 29 CFR 1635 — Genetic information nondiscrimination act of 2008
- 29 CFR 1903 — Inspections, citations and proposed penalties
- 29 CFR 1904 — Recording and reporting occupational injuries and illnesses
- 29 CFR 1960 — Basic program elements for federal employee occupational safety and health programs and related matters
- 41 CFR 60-1 — Obligations of contractors and subcontractors
Key definitions
None
Summary of requirements
- Post required federal posters as applicable. The following table lists federally required posters, organized alphabetically by poster name:
Poster and poster number if any: Requirement: Notes: Know Your Rights: Workplace Discrimination is Illegal 41 CFR 60-1.42 This poster applies to: - Contractors and subcontractors who hold a single federal contract or subcontract in excess of $10,000;
- Contractors and subcontractors who hold contracts or subcontracts with the federal government in any 12-month period that have a total value of more than $10,000;
- Federal contractors and subcontractors who hold government bills of lading;
- Federal contractors and subcontractors who serve as a depository of federal funds in any amount; and
- Federal contractors and subcontractors who act as issuing and paying agents for U.S. savings bonds and notes.
Employee Rights Employee Polygraph Protection Act (WH1462) 29 CFR 801.6
29 CFR 801.42This poster applies to any employer engaged in or affecting commerce or in the production of goods for commerce. It does not apply to federal, state, and local governments, or to circumstances covered by the national defense and security exemption. Every employer subject to the Employee Polygraph Protection Act shall post and keep posted on its premises a notice explaining the Act, as prescribed by the Department of Labor. Such 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. The Act extends to all employees or prospective employees regardless of their citizenship status. Foreign corporations operating in the U.S. must comply or will result in penalties for failing to post. Employee Rights for Workers with Disabilities Paid at Special Minimum Wages (WH Publication 1284) 29 CFR 525.14 Every employer of workers with disabilities under special minimum wage certificates authorized by any of the following laws shall display a poster prescribed by the Department of Labor’s Wage and Hour Division explaining the conditions under which special minimum wages may be paid: - Fair Labor Standards Act, section 14(c),
- McNamara-O-Hara Service Contract Act, and/or
- Walsh-Healey Public Contracts Act.
Employee Rights on Government Contracts (WHD Publication 1313)) 29 CFR 4.6
29 CFR 4.184
29 CFR 525
29 CFR 5Every employer performing work covered by the McNamara-O’Hara Service Contract Act (SCA) or the Walsh-Healey Public Contracts Act (PCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract. Specifically: - Every employer performing work covered by the SCA 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” 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. This applies to every contractor or subcontractor engaged in a contract with the U.S. 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 workers. There are no size requirements for the poster. The poster is available in Spanish as well.
- Every employer performing work covered by the PCA is required to post the “Employee Rights on Government Contracts” 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.
Employee Rights Under the Davis-Bacon Act for Laborers and Mechanics Employed on Federal or Federally Assisted Construction Projects (WH-1321) 29 CFR 5.5
29 CFR 5.8
29 CFR 5- The Davis-Bacon and related Acts (DBRA) require certain contractors to pay their laborers and mechanics at least the prevailing wage rates and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia construction contracts in excess of $2,000. In addition to the Davis-Bacon Act, Congress has added the Davis-Bacon prevailing wage provisions to numerous laws — “related Acts” — under which federal agencies fund or assist construction projects through grants, loans, loan guarantees, and insurance. 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 at the site of the work in a prominent and accessible place where it may be easily seen by employees. There is no particular size requirement.
- The wage determination must be similarly posted. This poster applies to 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. The contractor or subcontractor is required to insert in any subcontract the poster requirements contained in 29 CFR 5.5(a)(1).
- 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. 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 “Employees Rights under the Davis-Bacon Act for Laborers and Mechanics Employed on Federal or Federally Assisted Construction Projects” for Davis-Bacon contracts or, for contracts to which the McNamara-O’Hara Service Contract Act (SCA) applies, the “Employee Rights on Government Contracts” (see more information elsewhere in this table) 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.
Employee Rights Under the Fair Labor Standards Act Federal Minimum Wage (WH1088) 29 CFR 516.4 Every employer of employees subject to the Fair Labor Standards Act’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of its establishments. Although there is no size requirement for the poster, employees must be able to readily read it. The content of the notice is prescribed by the Department of Labor’s Wage and Hour Division. 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 and State & Local Government Employees can either post the general Fair Labor Standards Act poster or their specific industry poster. There are also posters for American Samoa and Northern Mariana Islands. (See more information elsewhere in this table regarding these alternate posters.) Every employer who employs workers with disabilities under special minimum wage certificates is also required to post the “Employee Rights for Workers with Disabilities Paid at Special Minimum Wages” poster (see more information elsewhere in this table). Employee Rights under the Fair Labor Standards Act Federal Minimum Wage in the Commonwealth of the Northern Mariana Islands (WH1088 NMI) 29 CFR 516.4 See the notes in this table for the Employee Rights Under the Fair Labor Standards Act Federal Minimum Wage. Employee Rights under the Fair Labor Standards Act Federal Minimum Wage in American Samoa(WH1088 AMS) 29 CFR 516.4 See the notes in this table for the Employee Rights Under the Fair Labor Standards Act Federal Minimum Wage. Employee Rights under the Fair Labor Standards Act Federal Minimum Wage ... Agricultural Employees (WH1386) 29 CFR 516.4 See the notes in this table for the Employee Rights Under the Fair Labor Standards Act Federal Minimum Wage. Employee Rights under the Fair Labor Standards Act Federal Minimum Wage ... State and Local Government Employees (WH 1385) 29 CFR 516.4 See the notes in this table for the Employee Rights Under the Fair Labor Standards Act Federal Minimum Wage. Employee Rights under the Family and Medical Leave Act (WH1420) 29 CFR 825.300
29 CFR 825.402This poster applies to 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, includingjoint employers and successors of covered employers. All covered employers are required to display and keep displayed a explaining the provisions of the Family and Medical Leave Act and telling employees how to file a complaint. 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. A poster must be displayed at all locations even if there are no eligible employees. Employee Rights Under the H-2A Program (WHD 1490) 20 CFR 655 Subpart B
20 CFR 658 Subpart E
29 CFR 501One of the provisions under the Immigration and Nationality Act (INA) covers agricultural employers seeking to hire temporary (non-immigrant) agricultural workers in temporary or seasonal jobs under H-2A visas. Employers who employ H-2A workers must display the poster where employees can readily see it. Employee Rights Under the H-2B Program (WH1505) 20 CFR 655 Subpart A
8 CFR 214.2The Immigration and Nationality Act (INA) allows for the employment of temporary, non-immigrant workers in nonagricultural labor or services (H-2B workers). H-2B employers must post a Department-of-Labor-provided poster in English detailing H-2B and corresponding workers’ rights and protections in a conspicuous location at each worksite. In addition, the employer must post additional posters if a significant portion of workers are not fluent in English and the Department of Labor provides the poster translated into that language. The poster is currently available in English and Spanish. Employee Rights under the National Labor Relations Act 29 CFR 471.2 Federal contractors and subcontractors must post this 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 Office of Labor-Management Standards (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, it 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. The notice, prescribed in the Department of Labor’s regulations, informs employees of federal contractors and subcontractors of their rights under the National Labor Relations Act (NLRA) to organize and bargain collectively with their employers and to engage in other protected concerted activity. Know Your Rights: Workplace Discrimination is Illegal 29 CFR 1601.30
29 CFR 1627.10
41 CFR 60-1.42Employers with 15 or more employees and covered by the non-discrimination and equal employment opportunity laws are required to post the poster on its premises. The notice must be posted prominently, where it can be readily seen by employees and applicants for employment. The notice provides information concerning the laws and procedures for filing complaints of violations. Job Safety and Health It’s the Law (OSHA 3165) 29 CFR 1903.2 This poster applies to all private employers engaged in a business affecting commerce. This poster does not apply to federal, state, or political subdivisions of states. All covered employers are required to display and keep displayed the poster unless the employer’s workplace is located in a state that operates an OSHA-approved state plan. Employers in states operating OSHA-approved state plans should obtain and post the state’s equivalent poster. The federal OSHA poster must be displayed in a conspicuous place where employees can see it. Reproductions or facsimiles of the poster shall be at least 8.5 by 14 inches with 10-point type. Posting the notice in languages other than English is not required, but OSHA encourages employers with workers that speak other languages to also display the other relevant versions of the poster. Notice Migrant and Seasonal Agricultural Worker Protection Act (WH Publication 1376) 29 CFR 500.75
29 CFR 500.76Each farm labor contractor, agricultural employer, and agricultural association, that is subject to the Migrant and Seasonal Agricultural Worker Protection Act (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 “Notice Migrant and Seasonal Agricultural Worker Protection Act” poster. The poster must be posted in a conspicuous place at each place of employment. There are no size requirements for the poster. Employers are encouraged to make the poster available in languages other than English. In addition, 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. Notice The Highway Construction Underway at This Location Is a Federal or Federal-aid Project and is Subject to Applicable State and Federal Laws, Including Title 18, United States Code, Section 1020 (FHWA Form-1022) 23 CFR 635.119 This poster applies to employers performing work on federal-aid highway projects. This false statements notice must be posted on each federal-aid highway project in one or more places where it is readily available to and viewable by all personnel concerned with the project. Note: The Federal Highway Administration has made available FHWA Form-1022 to meet the poster requirement at 23 CFR 635.119, despite the fact that it has a different title than that required by the regulation. The latest FHWA Form-1022 is entitled, “Notice: The highway construction underway at this location is a Federal or Federal-aid project and is subject to applicable State and Federal laws, including Title 18, United States Code, Section 1020 ...” Whereas, the poster title mandated by 635.119 is “Notice to All Personnel Engaged on Federal-Aid Highway Projects.” FHWA Form-1022 is also missing the phrase “not more than $10,000” in the body of the poster — a phrase required by the regulation. However, sources from the Federal Highway Administration explain that covered employers “should” use the most recent poster (and not older versions) in effect when they receive notice to proceed. The agency indicates that the poster “Notice The Highway Construction Underway at This Location Is a Federal or Federal-aid Project and is Subject to Applicable State and Federal Laws, Including Title 18, United States Code, Section 1020 ... ” (also known as “FHWA Form-1022”) is the one that covered employers should post to fulfill the false statements notice posting requirement at 635.119. However, employers will want to check their contract to see what poster is required by contract; often the contract will specify the form number. Notice to All Personnel Engaged on Federal-Aid Highway Projects 23 CFR 635.119 See the item elsewhere in this table for the poster entitled, “Notice The Highway Construction Underway at This Location Is a Federal or Federal-aid Project and is Subject to Applicable State and Federal Laws, Including Title 18, United States Code, Section 1020 (FHWA Form-1022).” The Federal Highway Administration indicates that that poster should be used to meet the false statements notice posting requirement at 635.119, rather than one entitled, “Notice to All Personnel Engaged on Federal-Aid Highway Projects.” Occupational Safety and Health Protection for Employees of the (Insert Your Agency Here) 29 CFR 1960 This poster is 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 Occupational Safety and Health Act. Pay Transparency Nondiscrimination Provision 41 CFR 60-1.35 Every employer covered by Executive Order 11246, Equal Employment Opportunity, as amended, is required to post the nondiscrimination provision and include it in employee manuals and handbooks. This posting applies to federal contractors and subcontractors with contracts of at least $10,000 entered into or modified after January 11, 2016. The posting requirement may be accomplished by posting the nondiscrimination provision electronically or by posting a copy of the provision in conspicuous places available for employees and applicants. The nondiscrimination provision provides applicants and employees notice that the employer will not discriminate against them for inquiring about, discussing, or isclosing their pay, or, in certain circumstances, the pay of their co-workers. Protect Your Health Report Your Injuries and Illnesses (OSHA 3769-02 2015) 9 CFR 381.45 According to 9 CFR 381.45, each establishment that participates in the New Poultry Inspection System must notify employees “of the nature and early symptoms of occupational illnesses and injuries, in a manner and language that workers can understand.” The regulation adds that this includes “by posting in a conspicuous place or places where notices to employees are customarily posted, a copy of the FSIS/OSHA poster encouraging reporting and describing reportable signs and symptoms.” The Food Safety and Inspection Service (FSIS) requires that the poster be displayed in a conspicuous place or places in covered poultry plants where notices to employees are customarily displayed. Summary of Work-Related Injuries and Illnesses (OSHA Form 300A) 29 CFR 1904.32 Employers are required to post the Summary of Work-related Injuries and Illnesses (Form 300A), or equivalent form, 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 Form 300A, or equivalent form, by February 1 of the year following the year covered by the form and keep it posted until April 30 of that year. An equivalent form is one that has the same information, is as readable and understandable, and is completed using the same instructions as the OSHA form it replaces. State-plan states may have an equivalent form. If you are using an equivalent form other than the Form 300A, the summary you use must also include the employee access and employer penalty statements found on the Form 300A. Worker Rights under Executive Order 13658 Federal Minimum Wage for Contractors (WH1089) 29 CFR 10.29 Contractors with employees covered by the Fair Labor Standards Act who perform work on or in connection with a contract covered by Executive Order 13658, “Establishing a Minimum Wage for Contractors,” must post this poster. Executive Order 13658 requires that parties who contract with the federal government pay workers performing work on or in connection with covered federal contractors at least: (1) $10.10 per hour beginning January 1, 2015; and (2) beginning January 1, 2016, and annually thereafter, an amount determined by the Secretary of Labor in accordance with the Executive Order. This poster is updated annually with the new rate. Worker Rights under Executive Order 13706 Paid Sick Leave for Federal Contractors (WH1090) 29 CFR 13.26 This poster applies to contractors with certain contracts covered by the Davis-Bacon Act, McNamara-O’Hara Service Contract Act, concessions contracts, contracts in connection with federal property or lands offering services for federal employees, their dependents, or the general public. Covered contractors must notify all employees performing work on or in connection with a covered contract of the paid sick leave requirements of Executive Order 13706 and this part by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any website that is maintained by the contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. Your Rights under the Energy Reorganization Act 29 CFR 24.102
29 CFR 24 Appendix AEvery employer subject to the Energy Reorganization Act of 1974, as amended, shall prominently post and keep posted in any place of employment to which the whistleblower provisions of the Act apply, a fully legible copy of the notice prepared by OSHA, printed as Appendix A to 29 CFR 24, or a notice approved by the Assistant Secretary that contains substantially the same provisions and explains the whistleblower provisions of the Act and the regulations in this part. Your Rights Under USERRA the Uniformed Services Employment and Reemployment Rights Act Appendix to Part 1002 All employers are required to provide to persons covered by Uniformed Services Employment and Reemployment Rights Act (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” where employer notices are customarily placed,
- Mail it, or
- Distribute it via electronic mail.
- Update the federal posters as required. Federal posters are updated when laws and regulations change. An executive order may also require a new workplace poster to be displayed. When a federal agency makes a mandatory change because of a regulatory update, the new version of the poster must be displayed. If a poster is updated with new contact information or for another minor reason, a new poster is not needed. If a poster goes missing, is defaced, or becomes unreadable, replace it.
- Check your state and local laws and regulations for additional mandated posters and post these if applicable.
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.