Federal & State Compliance Posters


APLAZ
Workplace Poster Requirements for Small Businesses and Other Employers.

Some of the statutes and regulations enforced by agencies within the Department of Labor require that posters or notices be posted in the workplace. The Department provides electronic copies of the required posters and some of the posters are available in languages other than English. Please note that 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. For information on coverage, visit the

Employment Laws Assistance for Workers and Small Business (elaws) Poster Advisor.

You may also contact the Office of Small and Disadvantaged Business Utilization, for assistance with these notice   requirements. To obtain posters or for more information about poster requirements or other compliance assistance matters, you may contact the U.S. Department of Labor at 1-866-4-USA-DOL (1-866-487-2365).

U.S. DEPARTMENT OF LABOR WORKPLACE POSTER REQUIREMENTS FOR SMALL BUSINESSES AND OTHER EMPLOYERS

POSTER WHO MUST POST CITATIONS / PENALTY OTHER INFORMATION
JOB SAFETY AND HEALTH PROTECTION

Occupational Safety and Health Administration 29 USC 657(c), 29 CFR 1903.2

Private employers engaged in a business affecting commerce. Does not apply to federal, state or political subdivisions of states. Any covered employer failing to post the poster may be subject to citation and penalty. Employers in states operating OSHA-approved state plans should obtain and post the state’s equivalent poster.
EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW

Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended; 41 CFR Chapter 60-l .42; 41 C.F.R 60-250.4(k); 4 1 C.F.R. 60-74 1.5(a)4

Entities holding federal contracts or subcontracts or federally assisted construction contracts of $10,000 or more; 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. Please note that the EEOC* may provide additional posting requirements at Section 2000e-10 [§711]. Appropriate contract sanctions may be imposed for uncorrected violations. Post copies of the poster in conspicuous places available to employees, applicants for employment, and representatives of labor organizations with which there is a collective bargaining agreement. Also, non construction contractors or subcontractors with 50 or more employees and a contract of $50,000 or more [otherwise required by 41 CFR 60-2.1 (a)] should develop an equal opportunity policy as part of an affirmative action plan and post the policy on company bulletin boards. 41 CFR 60-2.2 1 (a)(9).
Fair Labor Standards Act (FLSA)

Minimum wage poster Wage and Hour Division

Specific posters for:

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. No citations or penalties for failure to post. Any employer of employees to whom sec. 7 of the Fair Labor Standards Act does not apply may alter or modify the poster legibly to show that the overtime provisions do not apply.
Employee Right for Workers with Disabilities/Special Minimum Wage Poster

Wage and Hour Division 29 CFR 525.14

Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act. No citations or penalties for failure to post. Where an employer finds it inappropriate to post such a notice, the employer may provide the poster directly to all employees subject to its terms.
YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT

Wage and Hour Division 29 CFR 825.300, .402

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. Willful refusal to post may result in a civil money penalty by the Wage and Hour Division not to exceed $100 for each separate offense. 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.
Uniformed Services Employment and Reemployment Rights Act (Notice for use by all employers.) Veterans’ Employment and Training Service 38 U.S.C. 4334, 20 CFR 1002. The full text of the notice must be provided by each employer to persons entitled to rights and benefits under USERRA. No citations or penalties for failure to notify. An individual could ask USDOL to investigate and seek compliance, or file a private enforcement action to require the employer to provide the notice to employees. Employers may provide the notice by posting it where employee notices are customarily placed. However, employers are free to provide the notice in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by distributing the notice by direct handling, mailing, or via electronic mail).
NOTICE TO ALL EMPLOYEES WORKING ON FEDERAL OR FEDERALLY FINANCED CONSTRUCTION PROJECTS

(Davis-Bacon Act) Wage and Hour Division 29 CFR 5.5(a)(l)

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. No citations or penalties for failure to post. The contractor or subcontractor is required to insert in any subcontract the poster requirements contained in 29 CFR 5.5(a)(l). The poster must be posted at the site of work, in a prominent and accessible place where it can easily be seen by workers.
NOTICE TO EMPLOYEES WORKING ON GOVERNMENT CONTRACTS

(Service Contracts Act) Wage and Hour Division 29 CFR 4.6(e), .184

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. No citations or penalties for failure to post. Contractors and any subcontractors engaged in federal service contracts exceeding $2,500 shall notify each service employee or post the minimum monetary wage and any fringe benefits required to be paid pursuant to the contract.
NOTICE: EMPLOYEE POLYGRAPH PROTECTION ACT

Wage and Hour Division 29 CFR 801.6

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. The Secretary of Labor can bring court actions and assess civil penalties for failing to post. The Act extends to all employees or prospective employees regardless of their citizenship status. Foreign corporations operating in the United Status must comply or will result in penalties for failing to post. The poster must be displayed where employees and applicants for employment can readily observe it.
NOTICE MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

Wage and Hour Division 29 CFR 500.75, .76

Agricultural employers, agricultural associations and farm labor contractors. A civil money penalty may be assessed. 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.
NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS

Office of Labor-Management Standards Executive Order 13496; 29 CFR Part 471

Federal contractors and subcontractors are required to post the prescribed employee notice conspicuously in plants and offices where employees covered by the NLRA perform contract-related activity, including all places where notices to employees are customarily posted both physically and electronically. The sanctions, penalties, and remedies for noncompliance with the notice requirements include the suspension or cancellation of the contract and the debarring of Federal contractors from future Federal contracts. The notice, prescribed in the Department of Labor’s regulations, informs employees of Federal contractors and subcontractors of their rights under the NLRA to organize and bargain collectively with their employers and to engage in other protected concerted activity. Additionally, the notice provides examples of illegal conduct by employers and unions, and it provides contact information to the National Labor Relations Board (www.nlrb.gov), the agency responsible for enforcing the NLRA.

For more information on APLAZ Federal & State Compliance Posters, contact an APLAZ business service specialist at (650) 557-3797 or click the contact button: