Federal Posting Requirements Procedure | CMP107

Federal Posting Requirements Procedure

The Federal Posting Requirements Procedure ensures that all employees are fully notified of the rights and of your company’s responsibilities under various federal laws and regulations.

The Federal Posting Requirements Procedure applies to the posting of all required state and Federal notices. (4 pages, 1234 words)

This procedure covers use of an Equal Employment Opportunity (EEO) Poster, a Family and Medical Leave Act (FMLA) Poster, and more. What are these exactly?

Every employer covered by the non-discrimination and EEO laws is required to post on its premises the poster, “Equal Employment Opportunity is the Law.” The notice must be posted prominently, where employees and applicants for employment can readily see it. The notice provides information concerning the laws and procedures for filing complaints of violations of the laws with the Office of Federal Contract Compliance Programs (OFCCP).

All covered employers are required to display and keep displayed a poster prepared by the Department of Labor summarizing the major provisions of The Family and Medical Leave Act (FMLA) and telling employees how to file a complaint. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees.

Federal Posting Requirements Responsibilities:

The Human Resources Manager is responsible for complying with and posting all required federal notices in a conspicuous place for all employees to see.

Federal Posting Requirements Procedure Activities

• Equal Employment Opportunity(EEO) Poster
• Family and Medical Leave Act (FMLA) Poster
• Fair Labor Standards Act (FLSA) Minimum Wage Poster
• Notice to Workers with Disabilities/Special Minimum Wage Poster
• Employee Polygraph Protection Act (EPPA) Poster
• Davis-Bacon Poster (Government Construction)
• Walsh-Healey Poster (Service Contract Act)
• Occupational Safety and Health (OSHA) Poster

Required Federal Posters

GINA, signed into law on May 21, 2008, is designed to protect Americans against discrimination based on their genetic information. Employers cannot make decisions regarding employees’ health insurance and employment. GINA requires that covered entities obtain and post notices informing covered individuals of their rights under the new law.

The Equal Employment Opportunity Commission (EEOC) has updated its “self-print” EEOC poster to include information about GINA. All covered entities are required to post the most recent EEOC poster, along with five other required Federal posters.

Is Your Company a “Covered Entity”?

• Private companies with 15 or more employees
• Some public sector employers
• Employment agencies
• Labor organizations

Is Your Company Posting All Six Required Federal Posters?

1. EEO – Equal Employment Opportunity Commission
2. FLSA or Federal Minimum Wage – Fair Labor Standards Act
3. OSHA – Occupational Safety and Health Act
4. EPP – Employee Polygraph Protection
5. FMLA – Family and Medical Leave Act
6. USERRA – Uniform Services Employment & Reemployment Rights Act

Depending on your company’s circumstances, you may have to display as many as eight other Federal posters to be in compliance:

1. DOL Wage/Hour Division Poster – Notice to Workers with Disabilities
2. MSPA – Migrant & Seasonal Agriculture Worker Protection
3. IRS Poster– Check Your Withholdings
4. EIC – Earned Income Credit
5. ARRA – American Recovery and Reinvestment Act
6. DBRA – Davis Bacon Act
7. SCA – McNamara-O’Hara Service Contract Act
8. LMRDA – Labor-Management Reporting and Disclosure Act
9. ADA – Americans with Disabilities Act

In addition, you should know and be prepared for the recently enacted American Recovery and Investment Act (ARRA). While ARRA compliance is not an issue, certain aspects of the Act could have a positive effect on your workforce.

Your state is likely to have posting requirements with respect to state labor laws, as well. Check with your state Department of Labor or Employment Office; the US Department of Labor’s Wage and Hour Division is a good starting point.

One of the more complex — and frustrating — aspects of operating a business is the plethora of federal, state, and local employment regulations. Many companies — small, large, and in between — are simply overwhelmed by the wide variety of labor laws they need to comply with and posting requirements for these. (Did you know that by the time a company reaches twenty employees, it must comply with virtually all Federal labor regulations?)

Keeping track of the “alphabet soup” of acronyms and abbreviations is extremely challenging for business owners, top executives, and HR professionals, but they have little choice in most instances. Not understanding and not staying current with labor laws raises your risk of noncompliance, which can leave your firm vulnerable to lawsuits, fines, negative publicity, and loss of revenue. Simply failing to display any one of the six mandatory posters can lead to thousands of dollars in fines.