Generally, federal workplace posters must be displayed or posted in conspicuous places where they are easily visible to all employees — the intended audience. The FMLA, EEO, and EPPA posters are also required to be placed where they can be seen by applicants for employment.
In addition, the DOL has said that remote workers must also have posters. Employers may email or add posters to the company intranet or website. But, the remote employee must be able to easily and openly access posters as needed.
The specific location requirements for each federal workplace poster are:
- The Fair Labor Standards Act (FLSA) Poster (Minimum Wage Poster) must be displayed/posted by employers in a conspicuous place in all of their establishments so as to permit employees to readily read it.
- The Family and Medical Leave Act (FMLA) Poster must be displayed in a conspicuous place where employees and applicants for employment can see it. If an employer is covered by the FMLA, a poster must be displayed at all locations, even those where there are no FMLA eligible employees.
- The Occupational Safety and Health Act (OSHA) Poster: Job Safety & Health Protection Poster must be displayed in a conspicuous place where employees can see it. (Note: Employers in states operating ,a href=”http://www.osha.gov/dcsp/osp/”>OSHA-approved state plans should obtain and post the state’s equivalent safety and health poster.)
- The Davis-Bacon Act Poster must be posted at the site of the work in a prominent and accessible place where it may be easily seen by employees.
- The Employee Rights for Workers with Disabilities/Special Minimum Wage Poster (Fair Labor Standards Act, McNamara-O’Hara Service Contract Act and Walsh-Healey Public Contracts Act) shall be posted in a conspicuous place on the employer’s premises where employees and the parents or guardians of workers with disabilities can readily see it.
- The Equal Employment Opportunity (EEO) Poster (“Equal Employment Opportunity is the Law”) must be posted in conspicuous places available to employees and applicants for employment.
- The Employee Polygraph Protection Act (EPPA) Poster must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment.
- The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Poster must be posted at the place of employment in a conspicuous place readily accessible to the workers.
- TheUniformed Services Employment and Reemployment Rights Act (USERRA) Notice/Poster (PDF) (“Your Rights under USERRA”) is to be posted where notices to employees 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 to employees by direct handling, mailing, or via electronic mail.
- The Executive Order 13496: Notification of Employee Rights Under Federal Labor Laws poster must be posted by covered Federal contractors and subcontractors conspicuously in plants and offices where private sector employees perform contract-related activity, including all places where notices to employees are customarily posted both physically and electronically. This requires widespread posting that is prominent and readily observable throughout the contractor’s plants and offices. Among these locations is placement where other employee notices are posted, which is not limited to Federally mandated legal notices, but also includes notices to employees regarding the terms and conditions of their employment. A contractor or subcontractor that customarily posts notices to employees electronically must display prominently a link to the poster on any website that it maintains and customarily uses for notices to employees about terms and conditions of employment. The text for the link must read: “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers” and it must link to this page: http://www.dol.gov/olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf.
- The Service Contract Act/Walsh-Healey Public Contracts Act (Employee Rights on Government Contracts Poster) must be posted in a prominent and accessible place where it may be easily seen by employees.
- The Immigration and Nationality Act (INA) Poster (Employee Rights Under the H-2A Program Poster) must be posted at the place of employment in a conspicuous location where employees can readily see it.
Lisa Smith, SPHR, SHRM-SCP