elaws - <i>FirstStep</i> Poster Advisor

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You have indicated that:

You want Poster Requirements
The nature of your business or organization is: Agriculture, forestry, fishing
Your business or organization uses migrant or seasonal agricultural workers, and/or the services of a farm labor contractor.
The maximum number of employees your business or organization employs or will employ during the calendar year is 100 - 149.
There are NOT 50 or more employees working at or within a 75-mile radius of the location of your business or organization.
Your organization has made a payment to or is in a financial arrangement with a labor organization or a labor organization officer, employee or other representative. (The specific conditions that must apply are found in the Advisor.)
Your business or organization currently maintains or plans to maintain a health benefits plan for employees.
Your establishment is located in: New Hampshire

Based on the information you provided in response to the questions in the Advisor, the following federal laws which have poster requirements likely apply to your business or organization. Please note the Advisor does not identify all the poster requirements of other federal agencies but it does include the poster required by the Equal Employment Opportunity Commission, if applicable.

The Employee Polygraph Protection Act (EPPA)
The Equal Employment Opportunity Poster
The Fair Labor Standards Act (FLSA)
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
The Occupational Safety and Health (OSH) Act
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Whistleblower Protections

In addition, certain organizations may be required to display posters that can only be obtained from DOL's Office of Workers' Compensation Programs (OWCP). More information on these posters is available. Links to all federal employment posters are always available on the Poster Page as are answers to frequently asked questions.

Thank you for using the Department of Labor's FirstStep Poster Advisor. If you need information on state poster requirements, please contact your state labor office or visit the state poster page at business.usa.gov. Also note that some localities have workplace poster requirements, as do some other federal agencies such as the Department of Housing and Urban Development which requires certain businesses to post its Equal Housing Opportunity poster.

Please visit the FirstStep Employment Law Overview Advisor if you are interested in all the provisions of a particular federal employment law.

The Employee Polygraph Protection Act (EPPA)

The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents private sector employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act.

EPPA excludes Federal, state and local government agencies from the Act's coverage, with respect to public employees. Lie detector tests may also be administered by the Federal Government to employees of Federal contractors engaged in national security intelligence or counterintelligence functions.

EPPA includes limited exemptions that allow for the administration of polygraph tests (but no other lie detector tests) by private sector employers:

Subject to restrictions, the Act permits polygraph (a type of lie detector) tests to be administered to certain job applicants of security service firms (armored car, alarm, and guard) and of pharmaceutical manufacturers, distributors, and dispensers.

Subject to restrictions, the Act also permits polygraph testing of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in specific economic loss or injury to the employer.

Where polygraph examinations are permitted under the Act, they are subject to strict standards concerning the conduct of the test, including the pre-test, testing, and post-test phases of the examination.

The Wage and Hour Division (WHD) enforces the EPPA.

Poster. Every employer subject to EPPA shall post and keep posted on its premises a notice explaining the Act. The notice 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. There is no size requirement for the poster.

The EPPA poster is available in English(https://www.dol.gov/agencies/whd/posters/employee-polygraph-protection-act) and Spanish(https://www.dol.gov/agencies/whd/posters/employee-polygraph-protection-act/espanol). Posting of the EPPA poster in Spanish is optional.

Notices. There are specific notices that must be given to examinees and examiners in instances where polygraph tests are permitted:

When a polygraph test is administered pursuant to the economic loss or injury exemption, the employer is required to provide the examinee with a statement prior to the test, in a language understood by the examinee, which fully explains the specific incident or activity being investigated and the basis for testing particular employees. The statement must contain, at a minimum, the following information:

An identification with particulars of the specific economic loss or injury to the business of the employer
A description of the employee's access to the property that is the subject of the investigation
A detailed description of the basis of the employer's reasonable suspicion that the employee was involved in the incident or activity under investigation
The signature of a person (other than the polygraph examiner) authorized to legally bind the employer

Every employer who requests an employee or prospective employee to submit to a polygraph examination pursuant to the ongoing investigation, drug manufacturer, or security services EPPA exemptions must provide:

Reasonable written notice of the date, time, and place of the examination and the examinee's right to consult with legal counsel or an employee representative before each phase of the test
Written notice of the nature and characteristics of the polygraph instrument and examination
Extensive written notice explaining the examinee's rights, including a list of prohibited questions and topics, the examinee's right to terminate the examination, and the examinee's right to file a complaint with the Department of Labor alleging violations of EPPA

Employers must also provide written notice to the examiner identifying the persons to be examined.

Wage and Hour Division(https://www.dol.gov/whd/)
Contact WHD(https://webapps.dol.gov/contactwhd/Default.aspx)
Tel: 1-866-4-US-WAGE (1-866-487-9243)*
*If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

EEOC Poster Requirement

The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). These laws cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.

Employers with 15 or more employees must post notice describing the federal laws prohibiting employment discrimination based on race, color, sex, national origin, religion, age, equal pay, disability and genetic information. The "Know Your Rights" poster summarizes these laws and explains how an employee or applicant can file a complaint if they believe that they have been the victim of discrimination. The poster must be displayed prominently, where it can be readily seen by employees and applicants for employment, e.g., personnel office, work-out facility, lunchroom, or company bulletin board. There is no particular size requirement.

The "Know Your Rights" poster is also available in Spanish. There is no requirement to display the poster in languages other than English.

Office of Federal Contract Compliance Programs (OFCCP)(https://www.dol.gov/ofccp/)
E-mail: OFCCP-Public@dol.gov
Tel: 1-866-4USADOL (1-866-487-2365) or 1-800-397-6251; TTY: 1-877-889-5627

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, state, and local governments. The FLSA requires employers to pay covered nonexempt employees a minimum wage of not less than $7.25 per hour. For more information, see the Wage and Hour Basic Information Fact Sheet.

An employee may be covered by the FLSA in two ways: "enterprise coverage" and "individual coverage." For more detail on FLSA coverage, see Wage and Hour Division Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA) and Wage and Hour Division Fact Sheet #14A; Nonprofit Organizations and the Fair Labor Standards (FLSA).

Special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay.

Some employees are exempt from the FLSA's overtime pay requirements or both the minimum wage and overtime pay requirements. Because exemptions are generally narrowly defined under the FLSA, an employer should carefully check the exact terms and conditions of any exemption that may be applicable. Detailed information is available from the local Wage and Hour Division office.

The Wage and Hour Division of the U.S. Department of Labor administers and enforces the FLSA with respect to private employment, state and local government employment, and Federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and Tennessee Valley Authority. The U.S. Office of Personnel Management administers the provisions of the FLSA with respect to any person employed by a Federal agency.

Every employer of employees subject to the FLSA's minimum wage provisions must post, and keep posted, a notice(https://www.dol.gov/whd/regs/compliance/posters/flsa.htm) explaining the Act in a conspicuous place in all of their establishments. Although there is no size requirement for the poster, employees must be able to readily read it. The FLSA poster is also available in Spanish(https://www.dol.gov/whd/regs/compliance/posters/flsaspan.htm), Chinese(https://www.dol.gov/whd/regs/compliance/posters/minwagecn.pdf), Russian(https://www.dol.gov/whd/regs/compliance/posters/FLSAPosterRuss.pdf), Thai,(https://www.dol.gov/whd/regs/compliance/posters/MinWageThai.pdf) Hmong,(https://www.dol.gov/whd/regs/compliance/posters/MinWageHmong.pdf) Vietnamese(https://www.dol.gov/whd/regs/compliance/posters/minwageViet.pdf), and Korean(https://www.dol.gov/whd/regs/compliance/posters/minwageKorean.pdf). There is no requirement to post the poster in languages other than English(https://www.dol.gov/whd/regs/compliance/posters/flsa.htm).

Covered employers are required to post the general Fair Labor Standards Act poster. However, certain industries have posters designed specifically for them. Employers of Agricultural Employees (PDF)(https://www.dol.gov/whd/regs/compliance/posters/wh1386Agrcltr.pdf) and State & Local Government Employees (PDF)(https://www.dol.gov/whd/regs/compliance/posters/wh1385State.pdf) can either post the general Fair Labor Standards Act poster(https://www.dol.gov/whd/regs/compliance/posters/flsa.htm) or their specific industry poster. There are also posters for American Samoa (PDF)(https://www.dol.gov/whd/minwage/americanSamoa/ASminwagePoster.pdf) and Northern Mariana Islands (PDF)(https://www.dol.gov/whd/regs/compliance/posters/cnmi.pdf).

Every employer who employs workers with disabilities under special minimum wage certificates is also required to post the Employee Rights for Workers with Disabilities/Special Minimum Wage Poster(https://www.dol.gov/agencies/whd/posters/section-14c).

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) safeguards most migrant and seasonal agricultural workers in their interactions with farm labor contractors, agricultural employers, agricultural associations, and providers of migrant housing. However, some farm labor contractors, agricultural employers, agricultural associations, and providers of migrant housing are exempt from MSPA under limited circumstances.

Every non-exempt farm labor contractor, agricultural employer, and agricultural association has several obligations under MSPA including:

Disclosing the terms and conditions of employment to each migrant worker in writing and verbally disclosing these terms and conditions to each seasonal worker;
Paying wages owed when due and providing each worker with an itemized statement of earnings and deductions;
Ensuring housing and vehicles, if provided, meet Federal safety and health standards.

The Wage and Hour Division (WHD) administers and enforces MSPA.

Posters. Each farm labor contractor, agricultural employer and agricultural association, that is subject to the MSPA and that employs any migrant or seasonal agricultural worker is required to post a poster explaining the rights and protections for workers required under the MSPA, such as the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) poster.

The poster must be posted in a conspicuous place at each place of employment. There are English/Spanish(https://www.dol.gov/whd/regs/compliance/posters/mspaensp.htm), English/Haitian(https://www.dol.gov/whd/regs/compliance/posters/mspaencr.htm), English/Vietnamese, and English/Hmong(https://www.dol.gov/whd/regs/compliance/posters/mspaenHmong.pdf) versions of the poster, all of which can be printed from the Web.

There are no size requirements for these posters. Employers are encouraged to make the poster available in languages other than English.

Notice for terms and conditions of housing. Each person or organization that owns or controls a facility or real property used for housing migrant workers must comply with Federal and state safety and health standards. A written statement of the terms and conditions of occupancy must be posted at the housing site where it can be seen or be given to the workers. The written statement must include the following information on the terms and conditions of occupancy of such housing:

The name and address of the farm labor contractor, agricultural employer, or agricultural association providing the housing
The name and address of the individual in charge of the housing
The mailing address and phone number where persons living in the housing facility may be reached
Who may live at the housing facility
The charges to be made for housing
The meals to be provided and the charges to be made for them
The charges for utilities
Any other charges or conditions of occupancy

If the terms and conditions of occupancy are posted, the statement must be displayed and maintained during the entire period of occupancy. If the terms and conditions of occupancy are provided to the worker through a statement (rather than through a posting), this statement must be provided to the worker prior to occupancy. Employers may use a DOL form, WH Form 521 - Housing Terms and Conditions (PDF)(https://www.dol.gov/whd/forms/wh521.pdf), to satisfy this requirement.

Notice of employment terms. Each farm labor contractor, agricultural employer, and agricultural association that recruits any migrant agricultural worker must provide the following information at the time of recruitment, while seasonal workers must be given the information verbally when they are offered work, and in writing, if requested. The information required to be disclosed includes the following information:

The place of employment (with specifics, such as the name and address of the employer or the association)
The wage rates (including piece rates) to be paid
The crops and kinds of activities on which the worker may be employed
The period of employment
The transportation, housing, and any other employee benefits to be provided, if any, and any costs to be charged for each
Whether state workers' compensation or state unemployment insurance is provided
Whether there is a strike or other concerted work stoppage at the place of employment
Whether the person has an arrangement with any establishments in the area to receive a commission or other benefit from any sales by such establishment to the workers

Note: If workers' compensation is provided, this information must include the name of the workers' compensation insurance carrier, the name of the policyholder, the name and telephone number of each person who must be notified of an injury or death, and the time period within which such notice must be given. This requirement in the section above may be satisfied by giving the worker a photocopy of any workers' compensation notice required by state law.

Payroll statements for workers. In addition to making records of payroll information (see Recordkeeping section below), the farm labor contractor, agricultural employer and agricultural association must provide each migrant or seasonal agricultural worker a written statement of this information. This information must be provided at the time of payment for each pay period which must be no less often than every two weeks (or semi-monthly). In addition to the payroll information specified below, such statement shall also include the employer's name, address, and employer identification number assigned by the Internal Revenue Service. In the case of a worker who is jointly employed, only one of the two joint employers needs to provide a written statement to the workers.

Responsibilities of Joint Employers. Agricultural employers who use the services of a farm labor contractor may be in a situation of joint employment with the contractor in regard to the employees. Joint employment means that an individual is employed by two or more persons at the same time. Where a joint employment relationship exists, each of the employers must ensure that the employee receives all employment-related rights granted by the MSPA, such as accurate and timely disclosure of the terms and conditions of employment, written payroll records, and payment of wages when due. If either party fails to comply with the law, both parties may be held liable. For more detail on joint employment see the Wage and Hour Division Fact Sheet #12: Agricultural Employers Under the Fair Labor Standards Act(https://www.dol.gov/whd/regs/compliance/whdfs12.pdf) and Wage and Hour Division Fact Sheet #35: Joint Employment and Independent Contractors Under the Migrant and Seasonal Agricultural Worker Protection Act(https://www.dol.gov/whd/regs/compliance/whdfs35.pdf).

Field Sanitation Standards. In addition, the Occupational Safety and Health Act's field sanitation standards require covered agricultural establishments to provide toilets, potable drinking water, and hand-washing facilities to hand-laborers in the field; to provide each employee reasonable use of the above; and to inform each employee of the importance of good hygiene practices. For more information on the field sanitation standards see the Wage and Hour Division Fact Sheet #51: Field Sanitation Standards under the Occupational Safety and Health Act(https://www.dol.gov/whd/regs/compliance/whdfs51.pdf).

The Occupational Safety and Health (OSH) Act

The Occupational Safety and Health (OSH) Act was enacted to "assure safe and healthful working conditions for working men and women" by setting and enforcing standards and providing training, outreach, education and compliance assistance. The OSH Act created the Occupational Safety and Health Administration (OSHA) at the Federal level and provided that states could run their own safety and health programs as long as those programs were at least as effective as the Federal program.

Enforcement and administration of the OSH Act in states under Federal jurisdiction is handled primarily by OSHA. Safety and health standards related to field sanitation and certain temporary labor camps in the agriculture industry are enforced by the Wage and Hour Division (WHD) in states under Federal jurisdiction.

Poster. All covered employers are required to display and keep displayed the OSHA Job Safety and Health: It's the Law poster. Employers in states with an OSHA-approved state plan may be required to post a state version of the OSHA poster. There is a separate poster for Federal agencies. The OSHA poster must be displayed in a conspicuous place where employees can see it. Copies of the poster shall be at least 8 1/2 by 14 inches with 10 point type. The poster is available in English, Spanish, and several other languages. Posting of the notice in languages other than English is not required, but OSHA encourages employers with workers that speak other languages to also display the other relevant versions of the poster.

Notices. Employees, former employees and their representatives have the right to review the OSHA Form 300, Log of Work-related Illnesses and Injuries, in its entirety. Employers are required to post the Summary of Work-related Injuries and Illnesses (Form 300A) in a visible location so that employees are aware of the injuries and illnesses that occur in their workplace. Employers are required to post the Summary Form (300A) by February 1 of the year following the year covered by the form and keep it posted until April 30 of that year.

Occupational Safety and Health Administration (OSHA)
Contact OSHA
Tel.: 1-800-321-OSHA (1-800-321-6742); TTY: 1-877-889-5627

Uniformed Services Employment and Reemployment Rights Act (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members’ reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation.

The Veterans’ Employment and Training Service (VETS) enforces USERRA.

Employers are required to provide to persons covered by USERRA a notice of the rights, benefits, and obligations of the employees and employers under USERRA. To do this, employers may post the notice entitled "Your Rights Under USERRA" where employer notices are customarily placed, mail it, or by distributing it via electronic mail. There is no size requirement for the poster version of the notice.

Veterans' Employment and Training Service (VETS)
Contact VETS
Tel: 1-866-237-0275; TTY: 1-877-889-5627

Whistleblower Protection Provisions

The Occupational Safety and Health Act (OSH Act) and twenty-one other statutes with whistleblower provisions protect workers against retaliation for filing certain complaints with their employers, unions, the Occupational Safety and Health Administration (OSHA), or other government agencies. These protections cover complaints about workplace safety and health; the environment; pipeline safety; aviation safety; nuclear safety; asbestos in schools; corporate fraud; SEC rules or regulations; commercial motor vehicle safety, health, or security; public transportation safety or security; railroad safety or security; or fraud, waste, or abuse of public funds intended to be used for public transportation or railroad safety or security; as well as other related protected activities. Retaliation may include employment termination or layoff, reductions in pay or hours, demotion, discipline, blacklisting, denial of overtime or promotion, failure to hire or rehire, or denial of benefits.

The Occupational Safety and Health Administration administers and enforces the whistleblowing provisions of the OSH Act and the twenty one other statutes.

Posters. Although there is no specific Whistleblower Poster, the Whistleblower Protection provisions have the following poster requirements under the Occupational Safety and Health Act (OSH Act) and the Energy Reorganization Act of 1974 (ERA):

All employers covered by the OSH Act are required to display and keep displayed the OSHA "Job Safety and Health: It's the Law(http://www.osha.gov/Publications/poster.html)" poster. The poster is also available in Spanish(http://www.osha.gov/Publications/osha3167.pdf). There is a separate poster for Federal agencies(http://www.osha.gov/Publications/fedposter.html). This poster informs employees of their right to file a retaliation or discrimination complaint with OSHA for making safety and health complaints or for exercising rights under the OSH Act.

The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. Reproductions or facsimiles of the poster shall be at least 8 1/2 by 14 inches with 10 point type. Posting of the notice in languages other than English is not required.

Employers covered by the Energy Reorganization Act of 1974 (ERA) must display the poster, "Your Rights Under the Energy Reorganization Act," where employees can readily see it.

Notices. There are generally no notice requirements for employers under most of the Whistleblower Protection provisions administered and enforced by OSHA. For other notice requirements under the OSH Act, see the OSHA Injury and Illness Recordkeeping and Reporting Requirements.

Occupational Safety and Health Administration (OSHA)
Contact OSHA
Tel.: 1-800-321-OSHA (1-800-321-6742); TTY: 1-877-889-5627

For questions on other DOL laws, please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.