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

FirstStep Poster Advisor

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You have indicated that:

You want Poster Requirements
The nature of your business or organization is: Education
The maximum number of employees your business or organization employs or will employ during the calendar year is 150 or more.
There are 50 or more employees working at or within a 75-mile radius of the location of your business or organization.
You hire or plan to hire disabled workers.
You hire or plan to hire foreign workers under the following programs:
- Permanent Employment (Permanent Alien Employment Certification)
- Workers in Professional and Specialty Occupations (H-1B)
Your business or organization currently maintains or plans to maintain a pension plan or a retirement savings program for employees.
Your business or organization currently maintains or plans to maintain a health benefits plan for employees.
Your business or organization has a Federal contract(s) or subcontract(s) that in the next 12-month period, has an expected total dollar amount of: over $100,000.00.
Your business or organization has a contract(s) or subcontract(s) that can best be described as:
- Federal construction contract with a Davis-Bacon and Related Acts (DBRA) clause
- Federally assisted construction contract with a Davis-Bacon and Related Acts (DBRA) clause
- Federal services contract with a McNamara-O'Hara Service Contract Act (SCA) clause
- manufacturing or furnishing of Federal supplies contract with a Walsh-Healey Public Contracts Act clause
Your establishment is located in: Idaho

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 Contract Work Hours and Safety Standards Act
The Davis-Bacon and Related Acts (DBRA)
The Employee Polygraph Protection Act (EPPA)
Executive Order 11246
The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) / Section 14(c)
The Family and Medical Leave Act (FMLA)
The McNamara-O'Hara Service Contract Act (SCA)
The Occupational Safety and Health (OSH) Act
The Rehabilitation Act of 1973, Section 503
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)
The Walsh-Healey Public Contracts Act
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 Contract Work Hours and Safety Standards Act

The Contract Work Hours and Safety Standards Act (CWHSSA) applies to certain contracts with the federal government or the District of Columbia that require or involve the employment of laborers or mechanics, including watchmen and guards. Contracts covered by CWHSSA include certain federal service contracts and federally funded and assisted construction contracts.

The CWHSSA is enforced by the Wage and Hour Division.

Hour Division.

The Contract Work Hours and Safety Standards Act (CWHSSA) does not have its own posting requirement. However, if the contract to which CWHSSA applies is subject to the Davis-Bacon and Related Acts' requirements, the Notice of Worker Rights on Federal or Federally Financed Construction Projects poster must be posted. If the contract to which CWHSSA applies is subject to the Service Contract Act's requirements, the "Worker Rights on Government Contracts" poster must be posted. The appropriate poster(s) must be posted at the worksite in a prominent and accessible place where it may be easily seen by workers. There is no size requirement for these posters but they must be easily readable.

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.

The Davis-Bacon and Related Acts (DBRA)

The Davis-Bacon and related Acts (DBRA) require contractors and subcontractors to pay locally prevailing wages to laborers and mechanics employed on certain federal and federally assisted construction projects. The Davis-Bacon Act applies to contractors and subcontractors performing work on Federal Government and District of Columbia contracts in excess of $2,000 for construction of public buildings and public works. In addition to the Davis-Bacon Act, Congress has added Davis-Bacon prevailing wage provisions to numerous laws - "related Acts" - under which federal agencies fund or assist construction projects through grants, loans, loan guarantees, and insurance. The Department of Labor's Wage and Hour Division (WHD) publishes Davis-Bacon wage determinations that list wage rates and fringe benefits found to be prevailing for laborers and mechanics employed on projects of a similar character in the relevant geographic area. The wage determinations are included in DBRA-covered contracts.

The Department of Labor is responsible for the administration and enforcement of the DBRA, and provides guidance concerning the DBRA to contracting agencies. Federal contracting agencies also have administrative and enforcement responsibilities. See Reorganization Plan No. 14.

Every contractor performing work covered by the Davis-Bacon labor standards must post the WH-1321 "Worker Rights Under the Davis-Bacon Act" poster at the site of the work in a prominent and accessible place where it may be easily seen by workers. The applicable DBRA wage determination, including any conformed classifications, must be similarly posted.

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.

Executive Order 11246

Executive Order 11246 (E.O. 11246) prohibits certain federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. Additionally, it protects applicants and employees from discriminatory discipline, including firing, for asking about, discussing or disclosing their pay or the pay of their co-workers. E.O. 11246 applies to federal contractors and subcontractors and to federally assisted construction contractors and subcontractors, who do over $10,000 in government business in one year. E.O. 11246 also requires covered government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of employment.

The Office of Federal Contract Compliance Programs (OFCCP) administers and enforces E.O. 11246.

Contractors and subcontractors who hold a single federal contract or subcontract in excess of $10,000 or who hold contracts or subcontracts with the federal government in any 12-month period that have a total value of more than $10,000 are required to display the "Know Your Rights" Poster. Federal contractors and subcontractors who (1) hold government bills of lading; (2) serve as a depository of federal funds in any amount; or (3) act as issuing and paying agents for U.S. savings bonds and notes must also display the "Know Your Rights" Poster.

The "Know Your Rights" Poster must be displayed in conspicuous places available to employees and applicants for employment and representatives of each labor union with which the covered contractor or subcontractor has a collective bargaining agreement, such as, the personnel office, work-out facility, lunchroom, or company bulletin board. There is no particular size requirement.

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

Additionally, contractors and subcontractors who hold a single federal contract or subcontract in excess of $10,000 or who hold contracts or subcontracts with the federal government in any 12-month period that have a total value of more than $10,000 are required to post the Pay Transparency Nondiscrimination Provision. Federal contractors and subcontractors who (1) hold government bills of lading; (2) serve as a depository of federal funds in any amount; or (3) act as issuing and paying agents for U.S. savings bonds and notes must also post the Pay Transparency Nondiscrimination Provision.

This posting requirement may be accomplished by posting the provision electronically or by posting a copy of the provision in conspicuous places available for employees and applicants. There is no particular size requirement.

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 Fair Labor Standards Act (FLSA) / Section 14(c)

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards generally affecting full-time and part-time workers in the private sector and in Federal, state, and local governments.

Section 14 (c) of the FLSA authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages - wages less than the Federal minimum wage - to workers who have disabilities for the work being performed. The certificate also allows the payment of wages that are less than the applicable prevailing wage to workers who have disabilities for the work being performed on contracts subject to the McNamara-O'Hara Service Contract Act (SCA) and the Walsh-Healey Public Contracts Act (PCA). Payment of wages under a Section 14(c) certificate may be subject to the requirements of Executive Order 13658, which establishes a minimum wage for work performed on or in connection with certain covered government contracts.

Notices. Each worker with a disability receiving a subminimum wage under FLSA Section 14(c), and, where appropriate, the parent or guardian of such worker, shall be informed orally and in writing by the employer of the terms of the certificate under which such worker is employed. In addition, employers of workers with disabilities receiving subminimum wages must display the Wage and Hour Division poster, Employee Rights for Workers with Disabilities Paid at Special Minimum Wages (WH Publication 1284). This poster explains the conditions under which subminimum wages may be paid. The poster must be posted in a conspicuous place on the employer's premises where employees and the parents and guardians of workers with disabilities can readily see it.

Additionally, each worker with a disability and, where appropriate, a parent or guardian of the worker, must be informed, orally and in writing, of the terms of the certificate under which the worker is employed. This requirement may be satisfied by making copies of the certificate available.

Posters. 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).

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 the Commonwealth Northern Mariana Islands (PDF)(https://www.dol.gov/whd/regs/compliance/posters/cnmi.pdf).

As discussed above, under FLSA Section 14(c), employers of workers with disabilities who are paid subminimum wages are also required to post the "Employee Rights for Workers with Disabilities Paid at Special Minimum Wages" poster

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1993 (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid, job-protected leave for certain family and medical reasons. The FMLA provides that eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth; the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee's spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the functions of his or her job; and
- any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty;" and
Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember (Military Caregiver Leave).

The FMLA also requires that the employee's group health insurance coverage be maintained under the same terms and conditions during the leave as if the employee had not taken leave.

The Wage and Hour Division administers and enforces the FMLA for all private, state and local government employees, and some Federal employees. Most Federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress.

Poster. All covered employers are required to display and keep on display a poster explaining the provisions of the FMLA and telling employees how to file a complaint with the Wage and Hour Division of violations of the Act. The poster must be displayed prominently where employees and applicants for employment can see it .The poster and all the text must be large enough to be easily read and contain fully legible text. Covered employers must display the poster even if no employees are eligible for FMLA leave.

Where the employer's workforce is comprised of a significant portion of workers who are not literate in English, the employer is required to provide the notice in a language in which the employees are literate. To meet the posting requirements, employers may use the prototype poster prepared by the Department or may use another format so long as the information provided includes, at a minimum, all of the information contained in that notice. Electronic posting is permitted as long as it meets all of the posting requirements.

The Department's FMLA prototype poster is available in English(https://www.dol.gov/whd/regs/compliance/posters/fmla.htm) and Spanish(https://www.dol.gov/whd/regs/compliance/posters/fmlaspan.htm).

General notice. If a covered employer has any eligible employees, it must also provide general notice to each employee by including the notice in employee handbooks or other written guidance to employees concerning benefits or leave rights if such written materials exist. If such written materials do not exist, the employer may accomplish this by distributing a copy of the general notice to each new employee upon hire. In either case, distribution may be accomplished electronically.

An employer may duplicate the text of the Poster to meet this general notice requirement, or may use another format so long as the information provided includes, at a minimum, all of the information contained in that notice. Where an employer's workforce is comprised of a significant portion of workers who are not literate in English, the employer must provide the general notice in a language in which the employees are literate.

Eligibility notice. When an employee requests FMLA leave or the employer acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee's eligibility to take FMLA leave within five business days, absent extenuating circumstances. The eligibility notice must state whether the employee is eligible for FMLA leave, and if the employee is not eligible, must state at least one reason why the employee is not eligible.

The Department of Labor makes available a Prototype Eligibility and Rights and Responsibilities Notice(https://www.dol.gov/whd/forms/wh-381.pdf) (Form WH-381), which employers may adapt as appropriate for their use to meet their eligibility and rights and responsibilities (see below) notice requirements.

Rights and Responsibilities notice. Each time the eligibility notice is provided, the employer is also required to provide a written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. If leave has already begun, the employer should mail the notice to the employee's address of record. The employer must translate this notice in any situation where it is obligated to translate the general notice into a language in which employees are literate. The written notice must also include information on:

Leave may be designated and counted against the employee's annual FMLA leave entitlement if it qualifies as FMLA leave
The applicable 12-month period for the FMLA entitlement
Requirements for the employee to furnish certification of a serious health condition, serious injury or illness, or qualifying exigency arising out of active duty or call to active duty status, and the consequences of failing to do so
Employee's right to substitute paid leave, whether the employer will require the substitution of paid leave, the conditions related to any substitution, and the employee's entitlement to take unpaid FMLA leave if the employee does not meet the conditions for paid leave
Requirement for the employee to make any premium payments to maintain health benefits, the arrangements for making such payments, and the possible consequences of the failure to make such payments on a timely basis
Employee's status as a "key employee" and the potential consequence that restoration may be denied following FMLA leave, explaining the conditions required for such denial
Employee's rights to maintenance of benefits during the FMLA leave and to restoration to the same or an equivalent job upon return from leave
Employee's potential liability for payment of health insurance premiums paid by the employer during the employee's unpaid FMLA leave if the employee fails to return to work after taking FMLA leave

The specific notice may include other information such as whether the employer will require periodic reports of the employee's status and intent to return to work, but is not required to do so. The notice of rights and responsibilities may be accompanied by any required certification form.

If the specific information provided by the notice changes, the employer must provide written notice referencing the prior notice and setting forth any of the information that has changed. This notice of changes should be provided within five business days of receipt of the employee's first notice of need for leave subsequent to any change.

The Department makes available a Prototype Eligibility and Rights and Responsibilities Notice(https://www.dol.gov/whd/forms/WH-381.pdf) (Form WH-381), which employers may adapt as appropriate for their use to meet their eligibility and rights and responsibilities notice requirements.

Designation notice. The employer is responsible in all circumstances for designating leave as FMLA-qualifying and giving notice of the designation to the employee. When the employer has enough information to determine whether the leave is being taken for an FMLA-qualifying reason, such as after receiving a certification, the employer must notify the employee whether the leave is designated and will count as FMLA leave within five business days, absent extenuating circumstances. Only one designation notice for each FMLA-qualifying reason per applicable 12-month leave year is required. The employer must also notify the employee if it determines that the leave is not FMLA-qualifying and will not be designated as FMLA leave.

If the employer is requiring the employee to submit a fitness-for-duty certification to be restored to his or her job, the employer must provide notice of the requirement with the designation notice. If the employer will require that the fitness-for-duty certification address the employee's ability to perform the essential functions of the employee's position, the employer must indicate so in the designation notice and include a list of the essential functions. If the employer handbook or other written documents describing the employer's leave policies clearly provide that a fitness-for-duty certification will be required in specific circumstances, the employer is not required to provide written notice of this requirement, but must provide at least oral notice no later than at the time off the designation notice.

The designation notice must be in writing. The Department of Labor makes available a prototype Designation Notice(https://www.dol.gov/whd/forms/WH-382.pdf) (Form WH-382) for employer's use. If the leave is not designated as FMLA leave because it does not meet the requirements for FMLA protection, the notice that the leave is not designated FMLA may be in the form of a simple written statement. If the information provided by the employer to the employee in the designation notice changes, the employer must provide written notice of the change within five business days of receipt of the employee's first notice of need for leave subsequent to the change.

Additionally, the employer must notify the employee of the amount of leave counted against his or her FMLA entitlement. If known at the time the leave is designated, the employer must notify the employee of the number of hours, days, or weeks that will be counted against the employee's FMLA entitlement. If it is not possible to provide the hours, days, or weeks that will be counted against the entitlement (such as in the case of unforeseeable, intermittent leave), then the employer must provide notice of the amount of leave counted against the FMLA leave entitlement at the request of the employee, but no more often than once in a 30-day period and only if leave was taken in that period. Notice of the amount of leave taken may be oral, but if oral, must be confirmed in writing, generally by no later than the following payday; such written notice may be in any form, including a pay stub notation.

The McNamara-O'Hara Service Contract Act (SCA)

The McNamara-O'Hara Service Contract Act (SCA) covers contracts entered into by federal government and the District of Columbia where the principal purpose of the contract is to furnish services in the U.S. through the use of "service employees." The term "service employee" includes any employee engaged in performing services on a covered contract other than an individual employed in a bona fide executive, administrative, or professional capacity as those terms are defined in in eCFR: 29 CFR Part 541

The Wage and Hour Division (WHD) enforces the Service Contract Act.

Every employer performing work covered by the SCA is required to provide each employee commencing work on a covered contract notice of the compensation due them under the wage and fringe benefits provisions of the SCA and to deliver to the employees, or post, the "Employee Rights on Government Contracts" notice (including any applicable wage determination) at the site of the work in a prominent and accessible place where it may be easily seen by employees. There are no size requirements for the poster. The Employee Rights on Government Contracts poster is available in Spanish as well.

If the contractor employs workers with disabilities under special minimum wage certificates, the "Notice to Workers with Disabilities/Special Minimum Wage (PDF) poster" must also be posted. This poster explains the conditions under which special minimum wages may be paid. It must be posted in a conspicuous place on the employer's premises where it can be readily seen by employees and the parents or guardians of workers with disabilities.

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

The Rehabilitation Act of 1973, Section 503

Section 503 of the Rehabilitation Act of 1973 (Section 503) prohibits discrimination and requires certain employers to take affirmative action to hire, retain, and promote qualified individuals with disabilities. Section 503 applies to all federal contracts or subcontracts that exceed $10,000. All federal contractors and subcontractors with covered contracts must include a specific equal opportunity clause in each of their nonexempt contracts and subcontracts.

The Office of Federal Contract Compliance Programs (OFCCP) administers and enforces Section 503.

Though the Section 503 statute has not been amended, in 2004, Congress enacted Section 807 of the Ronald Reagan National Defense Authorization Act, codified at 41 U.S.C. 1908. This law requires the Federal Acquisition Regulation Council (FAR Council) to review the dollar threshold amounts in certain federal agency procurement related laws every five years to determine whether they need to be adjusted for inflation. As a result of these reviews, the FAR Council implemented inflationary adjustments of acquisition-related dollar thresholds for Section 503.

In 2010, the FAR implemented an adjustment for Section 503 changing the threshold amount from $10,000 to $15,000. See "Federal Acquisition Regulation; Inflation Adjustment of Acquisition-Related Thresholds," 75 FR 53129 (2010). OFCCP adopted the FAR acquisition related inflationary adjustment for Section 503.

Contractors and subcontractors who hold a single federal contract or subcontract in excess of $10,000 are required to display the "Know Your Rights" poster. Federal contractors and subcontractors who (1) hold government bills of lading; (2) serve as a depository of federal funds in any amount; or (3) act as issuing and paying agents for U.S. savings bonds and notes must also display the "Know Your Rights" poster.

The poster must be displayed in conspicuous places available to employees and applicants for employment and representatives of each labor union with which the covered contractor or subcontractor has a collective bargaining agreement, such as, the personnel office, work-out facility, lunchroom, or company bulletin board. There is no particular size requirement.

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

Contractors that have the obligation to develop a written Section 503 AAP must post a notice at each establishment providing the location and hours the AAP may be viewed. Additionally, the policy statement required by the Section 503 AAP regulations must be displayed on company bulletin boards, and made available in accessible format, if necessary, (e.g., large print, or audio file) so that applicants and employees with disabilities are informed of the contents of the policy statement.

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

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

The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended, requires contractors and subcontractors with a Federal contract or subcontract in the amount of $100,000 or more for the purchase, sale, or use of personal property or nonpersonal services (including construction), take affirmative action to employ and advance in employment qualified protected veterans. Disabled veterans, recently separated veterans (veterans within 3 years of their discharge or release from active duty), veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized (referred to as "other protected veterans"), and Armed Forces service medal veterans are covered veterans under VEVRAA.

The affirmative action and mandatory job-listing provisions of VEVRAA are enforced by the Office of Federal Contract Compliance Programs (OFCCP). The Veterans' Employment and Training Service (VETS) administers the veterans’ employment reporting requirement.

Though the VEVRAA statute has not been amended, in 2004 Congress enacted Section 807 of the Ronald Reagan National Defense Authorization Act, codified at 41 U.S.C. 1908. This law requires the Federal Acquisition Regulation Council (FAR Council) to review the dollar threshold amounts in certain Federal agency procurement related laws every five years to determine whether they need to be adjusted for inflation. As a result of these reviews, the FAR Council implemented inflationary adjustments of acquisition-related dollar thresholds for VEVRAA.

In 2015, the FAR implemented an adjustment for VEVRAA changing the threshold amount from $100,000 to $150,000. See "Federal Acquisition Regulation; Inflation Adjustment of Acquisition-Related Thresholds," 80 FR 38293 (2015). OFCCP adopted the FAR acquisition related inflationary adjustment for VEVRAA.

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

Contractors that have the obligation to develop a written VEVRAA AAP must post a notice at each establishment providing the location and hours the AAP may be viewed. Additionally, the policy statement required by the VEVRAA AAP regulations must be posted on company bulletin boards, and made available in accessible format, if necessary, (e.g., large print, or audio file) so that applicants and employees with disabilities are informed of the contents of the policy statement.

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

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

The Walsh-Healey Public Contracts Act

The Walsh-Healey Public Contracts Act (Walsh-Healey or PCA) requires certain contractors to pay employees the Federal minimum wage for all hours worked, and time and one half their regular rate of pay for all hours worked over 40 in a workweek. This Act applies to contractors with contracts in excess of $10,000 for the manufacturing or furnishing of materials, supplies, articles, and equipment to the U.S. government or the District of Columbia. This Act covers employees who produce, assemble, handle, or ship goods under these contracts.

The Walsh-Healey Public Contracts Act (Walsh-Healey or PCA) is enforced by the Wage and Hour Division .

Every employer performing work covered by the PCA is required to post the "Employee Rights on Government Contracts"(https://www.dol.gov/agencies/whd/posters/government-contracts/sca) notice (including any applicable wage determination) at the site of the work in a prominent and accessible place where it may be easily seen by employees. There are no size requirements for the poster. The Employee Rights on Government Contracts poster is also available in Spanish(https://www.dol.gov/whd/regs/compliance/posters/scaspan.htm).

If the contractor employs workers with disabilities under special minimum wage certificates, the "Notice to Workers with Disabilities/Special Minimum Wage (PDF) poster"(https://www.dol.gov/agencies/whd/posters/section-14c) must also be posted. This notice explains the conditions under which special minimum wages may be paid. The poster must be posted in a conspicuous place on the employer's premises where it can be readily seen by employees and the parents or guardians of workers with disabilities.

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.