New Year's Check Up: Do You Have the Right Workplace Posters (1/11)

Even the smallest workplace must have several federal and local posters to comply with multiple employment laws.  Make sure you know which posters you need and where they should be placed.

If you are like most employers, you probably have bulletin boards that contain several official looking notices to your employees.  But, are you sure you have all the right posters?  Federal laws alone require you to post about a dozen different notices, though fortunately, many are provided as part of a consolidated poster.  And states often require you to put up between two and six (and sometimes even more) notices in addition to the federal requirements.  To help you comply with these posting requirements, HR Matters has compiled a list of the federal posters required.  In addition, below you will find links to help you find your state’s required posters.   Basic Poster Requirements Many federal and state laws require you to post certain notices in the workplace that inform employees of their rights under the laws and direct them to the proper agency for further information and complaint procedures.  These notices should be posted in conspicuous places on your premises where notices to employees and job applicants for employment are customarily posted (unless otherwise specified) and must be accessible to disabled individuals.  Examples of “conspicuous places” include personnel offices, employee bulletin boards, employee break areas, and wherever else you normally post notices.        You also are required to inform applicants and employees with seeing and reading disabilities of their rights under the various federal laws.  Further, if you employ a significant number of employees whose primary language is not English you should consider posting notices in both English and any other language or languages commonly used by your workforce.        If you have received advertisements from any of the many companies that provide compliance posters for a fee, you should note that the federal posters are available free of charge from the appropriate agencies listed below.  In addition, most states provide their posters at no cost as well.  You will find a list of these agencies below as well.      A useful tool that the federal Department of Labor (DOL) provides is the elaws FirstStep Poster Advisor, available online at http://www.dol.gov/elaws/posters.htm.  This tool asks you a series of questions to determine your organization’s nature and size to help you determine what federal posters you should have in your workplace.   Federal Posting Requirements The following is a list of thirteen federal laws describing the notices you must post and how to obtain copies of the posters:   1.     Title VII of the Civil Rights Act of 1964 (Title VII).  Title VII requires employers with 15 or more employees to post a notice stating that the employer may not discriminate in any aspect of employment on the basis of race, color, religion, sex, or national origin.  In addition, the notice should give the address of the enforcement agency, the Equal Employment Opportunity Commission (EEOC), to contact for further information or to file a complaint.  The EEOC provides a free copy of a notice that meets Title VII’s posting requirements to all employers who request it, as does the Department of Labor (DOL).  The notice consolidates into one poster all of the posting requirements of Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, Executive Order No. 11246, the Rehabilitation Act, the Vietnam Era Veterans’ Readjustment Assistance Act, and the Equal Pay Act.  Copies of the consolidated poster may be obtained from the DOL’s Web site at http://www.dol.gov/compliance/topics/posters.htm.  Alternatively, you can obtain posters from the EEOC’s Web site at http://www1.eeoc.gov/employers/poster.cfm.  2.     Age Discrimination in Employment Act (ADEA).  The ADEA requires employers with 20 or more employees to post a notice stating that the employer may not discriminate against a job applicant or employee in any aspect of employment because that individual’s age is 40 or over.  In addition, the notice should give the address of the enforcement agency, the EEOC, to contact for further information or to file a complaint.  The notice requirements for the ADEA are included in the consolidated poster provided by the DOL and EEOC.  (See above). 3.     Americans with Disabilities Act (ADA).  The ADA requires employers with 15 or more employees to post a notice which states that the employer may not discriminate against qualified disabled job applicants or employees in any aspect of employment because of their disability.  The notice also should state the employer’s obligation to provide reasonable accommodations for qualified individuals with disabilities unless the accommodation would create an undue hardship for the employer.  In addition, the notice should give the address of the EEOC, the agency that enforces the ADA, to contact for further information or to file a complaint.  The ADA’s notice requirements are incorporated into the consolidated poster provided by the DOL and EEOC.  (See above). 4.     Genetic Information Nondiscrimination Act (GINA).  The GINA requires employers with 15 or more employees to post a notice which states that the employer may not refuse to hire an applicant, or discriminate against any employee, with respect to the compensation, terms, conditions, or privileges of employment because of genetic information.  The notice also should state that the GINA prohibits employers from requesting, requiring, or purchasing genetic information about an applicant or employee or their family members and strictly limits the disclosure of genetic information.  In addition, the notice should include a definition of the term “genetic information.”  The GINA’s notice requirements are incorporated into the consolidated poster provided by the DOL and EEOC.  (See above). 5.     Executive Order No. 11246.  The Executive Order requires employers with federal contracts of $10,000 or more to post a notice which states that the employer may not discriminate against job applicants or employees on the basis of race, color, sex, religion, or national origin.  In addition, the notice should state that the employer must take affirmative action to ensure that all applicants and employees receive “equality of opportunity.”  The notice also must give the address of the enforcement agency, the Office of Federal Contract Compliance Programs (OFCCP), to contact for further information or to file a complaint.  The Executive Order’s notice requirements are incorporated into the consolidated poster provided by the DOL and EEOC.  (See above.) 6.     Rehabilitation Act.  The Act requires employers with federal contracts of $10,000 or more, or that receive any federal financial assistance, to post a notice which states that the employer may not discriminate against job applicants or employees on the basis of their disability and that it will take affirmative action to employ and advance qualified disabled individuals who, with reasonable accommodation, can perform the essential functions of the job.  In addition, the notice should give the address of the enforcement agency, the OFCCP, to contact for further information or to file a complaint.  The Rehabilitation Act’s notice requirements are incorporated into the consolidated poster provided by the DOL and EEOC.  (See above.) 7.     Vietnam Era Veterans’ Readjustment Assistance Act.  The regulations implementing the Act require employers with a federal contract of $25,000 or more before December 1, 2003, or a federal contract of $100,000 or more on or after that date, to post a notice stating that (1) the employer may not discriminate against job applicants or employees on the basis of their status as disabled veterans; veterans who have served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; veterans who, while serving on active duty participated in a U.S. military operation for which a service medal was awarded; or recently separated veterans; and (2) that it will take affirmative action to employ and advance these veterans.  In addition, the notice should give the address of the enforcement agency, the OFCCP, to contact for further information or to file a complaint.  The Act’s notice requirements are incorporated into the consolidated poster provided by the DOL and EEOC.  (See above.) 8.     Occupational Safety and Health Act (OSH Act).  The OSH Act requires employers with one or more employees to post a notice which states that the employer has an obligation to provide a workplace free from recognized hazards that are likely to cause death or serious harm to employees and to comply with all applicable safety and health standards under the OSH Act.  The notice also should state that employees may file a complaint with the nearest Occupational Safety and Health Administration (OSHA) office and may not be terminated or discriminated against for filing a complaint or for exercising their rights under the OSH Act.  Employers may obtain free copies of the required notice from the DOL’s Web site at http://www.dol.gov/compliance/topics/posters.htm.  The OSHA notice also is available on the OSHA Web site at http://www.osha.gov/Publications/poster.html.  9.     Employee Polygraph Protection Act (EPPA).  The EPPA requires private employers engaged in or affecting commerce to post a notice which states that the employer may not require job applicants or employees to take polygraph examinations, may only request that they take the examination under certain limited circumstances, and may not discriminate against them based on the results of the examination or because of a refusal to take the examination.  In addition, the notice should inform job applicants and employees about their rights if they agree to take a polygraph examination, describe the penalties for violating the EPPA, and give the address of the Department of Labor to contact for further information or to file a complaint.  Employers can obtain free copies of the required notice from the DOL’s Web site at http://www.dol.gov/compliance/topics/posters.htm or http://www.dol.gov/whd/regs/compliance/posters/eppa.htm. 10.     Uniformed Services Employment and Reemployment Rights Act (USERRA).  The Veterans Benefits Improvement Act of 2004 requires all employers to provide notice of the rights, benefits, and obligations of covered employees and employers under USERRA to persons entitled to those rights and benefits.  Specifically, the poster explains USERRA’s antidiscrimination and retaliation provisions, military leave reemployment rights, and health insurance continuation during military service.  It also provides information on how to make a complaint, as well as contact numbers for the DOL’s Veterans Employment and Training Service.  Employers can meet the notice requirements by posting the DOL-provided notice “Your Rights Under USERRA” where employee notices are customarily placed.  Employers can obtain copies of the required notice from the DOL’s Web site at http://www.dol.gov/compliance/topics/posters.htm or from the Veterans’ Employment and Training Service online at http://www.dol.gov/vets/programs/userra/poster.htm. 11.     Fair Labor Standards Act (FLSA).  The FLSA requires employers engaged in commerce or the production of goods for commerce to post a notice which explains the FLSA’s minimum wage, overtime, child labor, and training wage requirements and the penalties for violations.  Free copies of an approved notice may be obtained from any local office of the DOL’s Wage and Hour Division; by writing to the Department of Labor, Wage and Hour Division, 200 Constitution Avenue, N.W., Washington, D.C., 20210; or by visiting the DOL’s Web site at http://www.dol.gov/compliance/topics/posters.htm or http://www.dol.gov/whd/regs/compliance/posters/flsa.htm. 12.     Equal Pay Act.  The Act requires employers engaged in commerce or in the production of goods for commerce to post a notice which states that the employer may not discriminate in the payment of wages to women and men who perform substantially equal work in the same establishment.  The Act’s notice requirements are incorporated into the consolidated poster provided by the DOL and EEOC.  (See above). 13.     Family and Medical Leave Act (FMLA).  The FMLA requires employers with 50 or more employees, and all public agencies and schools, to post a notice that explains employees’ rights and the employer’s obligations under the FMLA, including:  when leave may be taken under the FMLA; which employees are eligible for leave; requirements for advance notice and medical certification of the need for FMLA leave; benefits during FMLA leave; reinstatement rights; and prohibited employer actions.  In addition, the notice must provide information concerning procedures for filing complaints of violations with the DOL’s Wage and Hour Division.  Employers can obtain free copies of the required notice from the poster page on the DOL’s Web site at http://www.dol.gov/compliance/topics/posters.htm or http://www.dol.gov/whd/regs/compliance/posters/fmla.htm. State Posting Requirements Most states also have notice-posting requirements to alert employees about their rights under state employment discrimination, wage and hour, safety, unemployment compensation, and workers’ compensation laws.  For example, California requires employers to post multiple notices, including wage, hour, and working conditions information, safety notices, workers’ compensation information, employment discrimination and specific harassment information, family and pregnancy disability leave notices, and unemployment compensation information.  New York mandates several posters, including ones addressing discrimination, the use of criminal conviction records, wage and hour, job safety, workers’ compensation, unemployment benefits, and smoking in the workplace.  And Ohio requires employers to notify employees of their rights regarding employment discrimination, wage and hour, and workers’ and unemployment compensation.  Accordingly, you should consult your state notice posting requirements to ensure compliance.