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: Services, Other
The maximum number of employees your business or organization employs or will employ during the calendar year is 1 - 10.
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 services contract with a McNamara-O'Hara Service Contract Act (SCA) clause
Your establishment is located in: Virginia, which has its own OSHA state plan.

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 Employee Polygraph Protection Act (EPPA)
Executive Order 11246
The Fair Labor Standards Act (FLSA)
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)
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 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 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.

You have indicated that your establishment is in Virginia, which operates an OSHA-approved State Plan. Please contact the safety and health office in Virginia to obtain information on your state's job safety and health standards. State plans may not cover all employers in the state and coverage varies by state. For example, the types of employment that may not be covered under a state plan may include parts of the maritime industry and shipbuilding, or contractors operating on military bases or on other Federally owned land. State plans extend coverage to State and local government employers and employees. In general, employers not covered under the state plan must comply with Federal safety and health requirements.

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

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(http://www.whistleblowers.gov/acts/era_poster_2011.pdf),” 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.