Some of the statutes and regulations enforced by agencies within the U.S. Department of Labor (DOL) require that notices be posted in the workplace. The DOL 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 DOL’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 (FMLA) and thus would not be subject to its 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 Business Programs for assistance with these notice requirements.
To obtain posters or for more information about poster requirements or other compliance assistance matters, contact the DOL at (866) 4-USA-DOL.
U.S. DEPARTMENT OF LABOR WORKPLACE POSTER
REQUIREMENTS FOR SMALL BUSINESSES AND OTHER EMPLOYERS
WHO MUST POST
CITATIONS / PENALTY
|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 Employment Standards Administration, 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 Employment Standards Administration, Wage and Hour Division
Specific posters for:
|Every private, federal, state and local government employer employing any employee subject to the FLSA, 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 FLSA 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 Employment Standards Administration, 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 FLSA.||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 Employment Standards Administration, Wage and Hour Division. 29 CFR 825.300, .402||Public agencies (including state, local and federal employers), public and private elementary/secondary schools and private-sector employers with 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry/activity affecting commerce, including joint employers and successors of covered employers.||Willful refusal to post may result in a civil monetary 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
|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 e-mail.)|
|NOTICE TO ALL EMPLOYEES WORKING ON FEDERAL OR FEDERALLY FINANCED CONSTRUCTION PROJECTS (Davis-Bacon Act) Employment Standards Administration, 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, public work or building/work financed with any 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 notice 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) Employment Standards Administration, 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 Employment Standards Administration, 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 States must comply or they will be subject to 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 (ENGLISH/SPANISH) Employment Standards Administration, 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 information on the terms and conditions of occupancy of such housing in a conspicuous place throughout the occupancy period,|
|TEMPORARY AGRICULTURAL WORKER POSTER Sections 101(a)(15)(H)(ii)(a), 214, and 218 of the Immigration and Nationality Act of 1952, as amended (8 USC §§1101, 1184, and 1188 20 CFR 655 Subpart B, and 29 CFR Part 501)||Agricultural employers seeking to hire temporary agricultural workers under H-2A visas.||A civil money penalty may be assessed.||Foreign workers employed under the H-2A program are not covered under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) however, various other laws, such as workers’ compensation, tax (unemployment insurance, local, state, and federal), the Fair Labor Standards Act, and the Family and Medical Leave Act may apply to the employment of these workers.|
|NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS Office of Labor-Management Standards Executive Order 13496; 29 CFR Part 471
- In Hmong
|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.|
National Labor Relations Act Poster – Employee Rights Notice Posting
Effective April 30, 2012, most private sector employers are required to post a notice advising employees of their rights under the National Labor Relations Act. The 11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. The Spanish version is also available.
Posters of special interest to federal contractors:
The Davis-Bacon Act
Uniformed Services Employment and Reemployment Rights Act (Notice for use by federal agency employers)
Source: U.S. Department of Labor Provided by: Benefit & Compensation Specialists, PLLC