Federal Workplace Posting Requirements
Currently, there are 7 postings that make up the basic Federal Labor Law Poster. These postings are the Federal Minimum Wage, USERRA, Polygraph Protection, Equal Employment Opportunity, FMLA, FMLA Military Supplement, and the OSHA posting. Statutes and Regulations enforced by the Department of Labor require employers to post these notices in the workplace. It is important for employers to understand each of these notices as these regulations must be posted and followed as business practice. Employers are required by federal and state laws to clearly display labor postings detailing the applicable laws.
The Federal Minimum Wage Posting, also known as the Fair Labor Standards Act or FLSA, displays the minimum wage, overtime pay and child labor standards. The current posting displays a staged minimum wage. The current minimum wage displayed is $7.25 but recently much legislation has been discussed to raise the federal minimum wage.
The USERRA or Uniformed Services Employment and Reemployment Act defines service members’ rights of reemployment upon return from uniformed services including The National Guard. In addition, USERRA also prohibits employers from discrimination based on military obligation or service.
The Employee Polygraph Protection Act (EPPA) prohibits many private employers from using lie detector tests either during employment or for screening of employment candidates. Generally employers are barred from discriminating against employees who refuse to submit to a polygraph test. Employers are required to post the EPPA poster in the workplace.
The Equal Employment Opportunity or (EEO) poster lists discrimination that will not be tolerated for three types of employers. These are employers holding Federal Contracts, Private Employers, and Programs receiving Federal Financial Assistance. Types of discrimination covered include: race, age sex, disability, color, national origin and religion. The posting is equipped with contact information to report any complaints in these areas and must be prominently where it can be easily seen by both employees and applicants for employment.
The Family Medical Leave Act or (FMLA) provides balance between employees work life and family life. Unpaid leave is allowed for certain medical and family reasons. Reasons for unpaid leave include birth or adoption care, immediate family member care, or an employee’s own health care. The latest version of the FMLA posting was released in February of 2013. The changes included greater military family leave abilities and flight crew benefits expansions.
Finally, the Occupational Safety and Health Act (OSHA) was enacted to insure that employees have a safe and healthful work environment. States are also allowed to create their own state run safety programs as long as they are at least as effective as the federal program. Enforcement is carried out by OSHA. The poster spells out employees rights to safety as well as informs them of complaint filing information.