Every employer in the United States is subject to federal labor laws, as well as the labor laws of the states and municipalities in which they operate. Each level requires employers to post notices in the workplace to inform employees of their rights and responsibilities under the law and who to contact if they feel that their rights have been violated. Many federal laws, as well as some state laws, specify that notices must be visible to job applicants as well as employees.
CPC’s All-On-One™ Labor Law Poster contains the most commonly-required federal labor law notices, as well as the most commonly-required labor law notices for the applicable state. In this article we take a closer look at the federal notices included on your All-On-One™ so that you know why, where, and for which individuals the Poster must be displayed.
Employee Rights Under the Fair Labor Standards Act (FLSA)
What’s it about?
The Fair Labor Standards Act establishes basic wage and hour standards, including federal minimum wage and overtime requirements, as well as protections for workers below the age of 18.
Who must post?
Every employer with one or more employees covered by the minimum wage provisions of the FLSA must post this notice in every establishment where a covered employee works, so as to permit them to readily observe a copy. A “covered employee” is defined as any employee who engages in commerce or the production of goods for commerce during any workweek, or who is employed in an enterprise which engages in commerce or the production of goods for commerce.
Any special considerations?
Employers operating in locations in which the state, city, or county minimum wage is higher than the federal minimum wage are required to post the FLSA minimum wage notice in addition to any minimum wage notice mandated by state or local law. Every All-On-One™ Poster contains the FLSA minimum wage notice and, if applicable, the state minimum wage notice.
Employers may alter or modify the FLSA notice with a legible notation, such as “Overtime Provisions Not Applicable to Taxicab Drivers (section 13(b)(17)),” when the establishment employs enough exempt employees that such a notation has “broad application.”
Where can I review this requirement?
29 C.F.R. §516.4
Employee Rights Under the Family and Medical Leave Act (FMLA)
What’s it about?
The Family and Medical Leave Act entitles eligible employees of covered employers to unpaid, job-protected leave for specified family and medical reasons.
Who must post?
Every covered employer must post this notice in conspicuous places on the premises where employees are employed. Employers are covered by FMLA if they a) engage in commerce or in any industry or activity affecting commerce, and b) employed 50 or more employees for at least 20 workweeks during the current or preceding calendar year. For the purposes of determining employer coverage, the employee count is comprised of all employees “employed within any State of the United States, the District of Columbia or any Territory or possession of the U.S.” Public agencies, as well as public and private elementary and secondary schools, are also covered employers without regard to number of employees.
Any special considerations?
The FMLA notice must be posted where it can readily been seen by both employees and applicants for employment. CPC carries a Federal Labor Law Poster (often referred to as the “interview room” poster) to allow employers to display federal notices for job applicants in a location separate from the employee work environment.
It is important to note that the posting requirement for the FMLA applies to covered employers rather than eligible employees. A covered employer is required to post the FMLA notice in every establishment, even if none of their employees at a particular site are currently eligible for FMLA.
Where can I review this requirement?
29 C.F.R. §825.300
Employee Rights – Employee Polygraph Protection Act (EPPA)
What’s it about?
The Employee Polygraph Protection Act provides protections for employees and job applicants regarding the use of lie detector tests and retaliation for refusing to take such a test.
Who must post?
Every covered employer must post and maintain this notice in prominent and conspicuous places on the premises where such notices are customarily posted. “Covered employer” includes every employer engaged in or affecting commerce, or in the production of goods for commerce. Federal, State, and local governments are exempt.
Any special considerations?
The EPPA notice must be posted where it is visible to both employees and applicants for employment.
Where can I review this requirement?
29 C.F.R. §801.6
Equal Employment Opportunity is the Law (EEO)
What’s it about?
The Equal Employment Opportunity is the Law notice covers several federal laws which prohibit discrimination in employment based on protected characteristics, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Equal Pay Act of 1963.
Who must post?
The EEO notice must be posted in conspicuous places upon the premises of: a) covered employers, b) employment agencies and labor organizations, and c) contractors and subcontractors who hold a single Federal contract or subcontract in excess of $10,000. Employers are covered if they a) engage in commerce or in any industry or activity affecting commerce, and b) employed 15 or more employees for at least 20 workweeks during the current or preceding calendar year.
Any special considerations?
The EEO notice must be posted where it is visible to both employees and applicants for employment.
Where can I review this requirement?
Title VII: 42 U.S.C. §2000e-10, ADA: 42 U.S.C. §12115
Job Safety and Health: It’s The Law! (OSHA)
What’s it about?
The Job Safety and Health notice describes the basic requirements of the Occupational Safety and Health (OSH) Act, which requires every employer to provide a safe working environment for their employees.
Who must post?
Every covered employer must post this notice in each establishment in a conspicuous place or places where such notices are customarily posted. A “covered employer” is defined as a person who has one or more employees and who is engaged in a business affecting commerce. It does not include the United States or any State or political subdivision of the State.
Any special considerations?
If your state is covered by an OSHA State Plan, state law requires you to post the state version of the Job Safety and Health notice. State Plans are required to be at least as effective as federal laws and regulations, so federal OSHA does not require employers to post both the federal and state notices. Only the state Job Safety and Health notice is included on All-On-One™ Posters for states which operate under a State Plan.
Where can I review this requirement?
29 CFR 1903.2