State:

National
Coverage. All employers that are covered by the federal nondiscrimination and equal employment opportunity (EEO) laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title II of the Genetics Information Act of 2008, the Equal Pay Act, and laws protecting veterans from discrimination.
Requirement. Employers must display the "Know Your Rights: Workplace Discrimination is Illegal” poster (formerly the “Equal Employment Opportunity is the Law" poster) in the workplace where it can be seen by both employees and applicants. The poster is available at www.eeoc.gov.
Coverage. Employers engaged in interstate commerce. The phrase "interstate commerce" is defined broadly to include virtually all private employers.
Requirement. Employers must display a notice regarding the Employee Polygraph Protection Act (EPPA). The poster informs employees and applicants that employers are prohibited from requesting or requiring lie detector tests for employment purposes and from retaliating against them if they refuse to take lie detector tests. A copy of the poster is available at http://www.dol.gov/whd.
Coverage. All employers.
Requirement. Employers must display a notice with information for employees on the minimum wage, overtime pay, child labor laws, enforcement of the FLSA, and contact information for the Department of Labor (DOL). A copy of the poster, "Employee Rights Under the Fair Labor Standards Act,"  is available at http://www.dol.gov/whd.
Tip credit. Employers that use a tip credit must inform an employee before implementing a tip credit. For details on the content of this notice, refer to the Written Notices Required section below.
Coverage. Employers with 50 or more employees.
Requirement. Employers must display a notice explaining an employee's rights and responsibilities under the FMLA, including eligibility for leave, notice requirements, job protection, health benefit continuation, and contact information for DOL. The poster, WH-1420, must be conspicuously displayed at the place of employment. Electronic posting is sufficient to meet this posting requirement. Copies of the poster are available at http://www.dol.gov/whd.
Written notice is also required. (Refer to the Written Notices Required section below.)
Coverage. Private employers with fewer than 500 employees, governmental agencies, and schools.
Requirements.The Families First Coronavirus Response Act (FFCRA) required covered employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19 and to post notices explaining employee rights under the Act, effective April 1, 2020, through December 31, 2020. The FFCRA has now expired, and, as of January 1, 2021, employers are no longer required to provide leave under the Act, and the poster that was previously required is no longer mandatory. However, covered employers must retain records of COVID-19-related leave for 4 years, including all documentation of leave requests, regardless of whether leave was granted or denied.
Coverage. Agricultural employers, agricultural associations, and farm labor contractors.
Requirement. The Act requires these employers to post a notice entitled "Notice: Migrant and Seasonal Agricultural Worker Act." The poster, prepared by the DOL, must be conspicuously displayed at the place of employment. The poster is available in both an English/Spanish and English/Haitian version. Copies of the poster are available at http://www.dol.gov/whd (English/Spanish) and http://www.dol.gov/whd (English/Haitian).
Coverage. Agricultural employers that employ workers with H-2A visas. These are nonimmigrant foreign workers performing temporary or seasonal agricultural work.
Requirement. Covered employers must post an H-2A poster where employees can see it. The poster is available from the DOL at https://www.dol.gov.
Coverage. Employers engaged in interstate commerce and subject to the requirements of the OSH Act.
Requirement. Employers must display a copy of the poster titled "Job Safety and Health: It's the Law," which explains to employees that they are entitled to a workplace free from recognized hazards and how to report workplace hazards. Employers must also post a copy of the OSHA 300A, Summary of Work-Related Injuries and Illnesses, for the previous year. A copy of the poster is available at http://www.osha.gov. OSHA 300A may be obtained at http://www.osha.gov.
Coverage. Employers with disabled employees working under special minimum wage certificates authorized by the FLSA, McNamara-O'Hara Service Contract Act, or the Walsh-Healey Public Contracts Act.
Requirement. Employers must display a poster explaining the conditions under which special minimum wage may be paid. The poster must be accessible to both the disabled employees and their parents or guardians. A copy of the poster is available at http://www.dol.gov/whd.
Coverage. All employers.
Requirement. All employers must display the USERRA notice titled "Your Rights Under USERRA." The notice explains the rights, benefits, and obligations of employees covered under USERRA, including rights to reemployment, health insurance protection, and the prohibition against discrimination and retaliation. A copy of the poster is available at http://www.dol.gov.
Coverage. All nonfederal employers that receive economic stimulus funds under the American Recovery and Reinvestment Act of 2009 (ARRA).
Requirement. Covered employers must post notice of employee rights and remedies (administrative and judicial) under the whistleblower provisions of ARRA. Under ARRA, employees are protected if they disclose what they reasonably believe is evidence of gross mismanagement of an agency contract or grant relating to stimulus funds; a gross waste of stimulus funds; a substantial and specific danger to public health or safety related to the implementation or use of stimulus funds; an abuse of authority related to the implementation or use of stimulus funds; or a violation of a law, rule, or regulation that governs an agency contract or grant related to stimulus funds. A copy of the poster is available at https://www.oig.dol.gov.
Overview. Detailed discussion is provided below on selected, broadly applicable federal employment notice requirements (e.g., written notices, forms, or pamphlets) that must be provided to employees and/or new hires.
Please note that additional notice requirements and best practices may apply, particularly in industrial workplaces, healthcare and educational facilities, and other workplaces with unique or specific needs.
Coverage. All employers subject to the FLSA.
Required. All covered employers must provide one of two written notices to employees. There is one model notice for employers that do not offer health insurance to employees and another model notice for employers that offer a health plan to some or all employees. The notice must be provided to new hires within 14 days of the employees’ start date.
For employers that offer health insurance, the model notice provides information on the ACA Health Insurance Marketplace to help employees evaluate their health insurance coverage options. The notice is issued by the DOL at https://www.dol.gov.
Coverage. All employers subject to the FLSA.
Required. All covered employers must provide one of two written notices to employees. There is one model notice for employers that do not offer health insurance to employees and another model notice for employers that offer a health plan to some or all employees. The notice must be provided to new hires within 14 days of the employees’ start date.
For employers that do not offer health insurance, the model notice provides information on the ACA Health Insurance Marketplace to help employees evaluate their health insurance coverage options. The notice is issued by the DOL at https://www.dol.gov.
Coverage. Employers with 20 or more employees that provide group health plans.
Required. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), covered employers are responsible for ensuring that terminated employees and other qualified beneficiaries receive proper COBRA notice of their right to continue health insurance at their own expense. Both voluntary and involuntary terminations are considered qualifying events under COBRA, triggering the continuation coverage, except terminations that are the result of an employee’s gross misconduct. Employers must notify plan administrators of the termination within 30 days of the event, and the plan administrators must then provide written notice to qualified beneficiaries within 14 days after receipt of a notice of a qualifying event from the employer. In cases in which the employer is the plan administrator, this notice is due within 44 days of the event or loss of coverage (whichever applies). The DOL provides a COBRA Model Election Notice in English and Spanish.
Coverage. Employers that use a tip credit.
Requirement. FLSA regulations require employers to inform an employee before implementing a tip credit. Unless an employer gives proper notice, the employer will not be eligible to use a tip credit. According to the final rule, the notice has to include the following explanation:
• The amount of the cash wage the employer pays the employee, which cannot be less than $2.13 per hour;
• The additional amount the employer is using as a credit against tips received, which cannot exceed the difference between the minimum wage ($7.25) and the actual cash wage paid by the employer to the employee;
• That the additional amount claimed by the employer on account of tips as the tip credit may not exceed the value of the tips actually received by the employee;
• That the tip credit cannot be applied to any tipped employee unless the employee has been informed of the tip credit provisions of the FLSA; and
• That all tips received by the tipped employee must be retained by the employee, except for valid pooling of tips.
Employers must also notify employees of any required tip pool contribution amount.
Caution: The regulations do not require these notices to be in writing. However, it is advisable that employers provide employees with written notice and retain a record of the notice in case there is a dispute with a tipped employee.
Coverage. Employers with 50 or more employees.
Required. In addition to posting the FMLA notice (WH-1420) in the workplace, employers must also provide this general notice to each employee by including it in employee handbooks or other written guidance to employees concerning employee benefits or leave rights, if such written materials exist, or by distributing a copy of the general notice to each new employee upon hiring. (Note: The general notice is the same notice that must be posted in the workplace.) The general notice is issued by the DOL at https://www.dol.gov.
Coverage. All employers.
Required. The official form that should be filled out for every person hired is Form I-9. This form is required for each new employee to document the verification of employees' eligibility to work in the United States. The Immigration Reform and Control Act (IRCA) requires every employer, before hiring an applicant, to examine documents that establish the individual’s identity and eligibility to work. The employee must bring in original documents to prove their identity and employment eligibility. Form I-9 is divided into three sections: employees fill out the first section, the employer fills out the second section, and the third section is for reverification of employment eligibility or rehires.
Section 1 of Form I-9 must be completed by every newly hired employee on or before the first day of employment, but not before the job offer has been accepted. Section 2 of Form I-9 must be completed and signed by the employer within 3 business days of the date employment begins.
Form I-9 is issued by the U.S. Citizenship and Immigration Services (USCIS) and may be obtained at https://www.uscis.gov/i-9. Instructions for completing Form I-9 are available here.
Coverage. All employers.
Required. Form W-4 is required for each new employee. Employers use Form W-4 to determine the amount of federal income tax to withhold from an employee’s wages. The form is issued by the Internal Revenue Service at https://www.irs.gov.
Coverage. Employers with 100 or more employees.
Required. On November 5, 2021, the Occupational Safety and Health Administration (OSHA) published its ETS mandating that covered employers must require all employees to be fully vaccinated against COVID-19 or, alternatively, to wear a face covering and undergo weekly testing (86 Fed. Reg. 61,402; Nov. 5, 2021). Under the ETS, covered employers are required to develop and issue a written mandatory vaccination policy and provide this information and other notices to employees. On January 13, 2022, the U.S. Supreme Court struck down OSHA’s ETS that would have obligated covered employers to require employees to be vaccinated or submit to weekly testing, as well as to provide certain notices to employees. Following the Court’s ruling, OSHA withdrew the vaccination and testing ETS, effective January 26, 2022. Any state and local government vaccination and testing requirements are not affected by OSHA’s withdrawal of the ETS.
Coverage. Employers that employ 100 or more full-time workers and employers that employ 100 or more workers who work at least a combined total of 4,000 hours per week (excluding overtime hours).
Required. If employees are being terminated as part of a layoff, reduction in force, or plant closing, a covered employer must give 60 days' notice of any plant closing and/or mass layoff under the federal Worker Adjustment and Retraining Notification Act (WARN Act). At least 60 days before a closing or layoff, an employer must provide written notice to (1) the union representing the affected employees or to the employees themselves if there is no union, (2) the state dislocated-worker unit, and (3) the chief elected official of the local government unit in which the closing or layoff is to occur. The notice to employees who do not have a representative must contain the name and address of the plant site where the closing or layoff will occur; the name and phone number of a company representative to contact for further information; a statement about whether the separation is expected to be permanent or temporary and, if the entire plant is to be closed, a statement to that effect; the expected date when separations will begin and the anticipated date when the individual employees will be separated; and an indication whether or not bumping rights exist.
Coverage. Federal government contractors and subcontractors with federal contracts of $2,000 or more for the construction, alteration, or repair of a public building or public works, or buildings financed by federal funds, federal guarantee, or federal pledge.
Requirement. Employers must display a poster explaining the rights of employees to a minimum wage, overtime, and apprentice rates of pay. A copy of the poster is available at http://www.dol.gov/whd
Coverage. Federal contractors with prime federal contracts that have a period of performance longer than 120 days and a value above the simplified acquisition threshold ($100,000) are covered. Also covered are subcontractors if a prime contract includes the clause. For subcontracts that flow from those prime contracts, the E-Verify requirement applies to subcontracts for services or for construction with a value over $3,500.
Requirement. Federal contractors must post the English and Spanish notice provided by the Department of Homeland Security indicating their company’s participation in the E-Verify program and the “Right to Work” poster issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices. Both notices must be clearly displayed at hiring site(s). Links to both notices are available here. Federal contractors can find more information on enrolling in E-Verify at the following link: http://www.dhs.gov.
Coverage. Contractors and subcontractors doing projects for the federal government and contractors working under federally assisted construction contracts.
Requirement. Display of a copy of the consolidated EEO “Know Your Rights” poster where it can be seen by applicants and employees meets the posting requirement of Executive Order 11246.
In addition to the “Know Your Rights” poster, federal contractors that enter into a new, covered federal contract or modify an existing federal contract or subcontract, in effect on or after January 11, 2016, are required to disseminate the “Transparency Nondiscrimination Provision” by electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. More information about this requirement is available here. Both posters are available from the OFCCP at https://www.dol.gov.
Coverage. Contractors and subcontractors doing projects for the federal government.
Requirement. Display an 11” x 17” copy of the “Worker Rights” poster, which includes information about the minimum wage for federal contractors. The poster is available from the DOL at https://www.dol.gov.
More information about this requirement is available here.
Coverage. Contractors and subcontractors doing projects for the federal government.
Requirement. Display an 11” x 17” copy of the “Paid Sick Leave for Federal Contractors” poster. The poster is available here.
More information about this requirement is available here.
Coverage. Federal government contractors and subcontractors.
Requirement. Covered contractors must post a notice of employee rights under the National Labor Relations Act (NLRA), including the right to bargain collectively and to join a union (29 CFR 471). If a contractor or subcontractor normally posts notices electronically, it must post this notice electronically. Employers can satisfy the posting requirement by providing a link to the DOL website that contains the poster; however, the link must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers." If a significant portion of the workforce is not proficient in English, the notice must be provided in the language the employees speak. A copy of the poster, in various languages, can be downloaded from the following link: http://www.dol.gov/olms.
Exemptions. Some contractors are exempt from the posting requirement, including contracts solicited before June 19, 2010; subcontracts of $10,000 or less; contracts involving purchases below the simplified acquisition threshold set by Congress; and contracts and subcontracts for work performed exclusively outside the United States. Additionally excluded are carriers subject to the Railway Labor Act, labor organizations, and employers of workers not covered by the NLRA and other labor statutes.
Coverage. Federal government contractors and subcontractors with 50 or more employees and federal contracts of $15,000 or more.
Requirement. Display of a copy of the consolidated EEO “Know Your Rights” poster where it can be seen by applicants and employees meets the posting requirement of the Rehabilitation Act. The poster is available from the OFCCP here.
Coverage. Employers holding federal contracts or subcontracts or federal-assisted construction contracts of $100,000 or more entered into before October 1, 2015, and federal contracts or subcontracts of $150,000 or more thereafter; financial institutions that are agents for U.S. savings bonds; depositories of federal funds; or entities having government bills of lading.
Requirement. Display of a copy of the consolidated EEO “Know Your Rights” poster where it can be seen by applicants and employees meets the posting requirements of VEVRAA. The poster is available from the OFCCP here.
Coverage. The Jobs for Veterans Act (JVA), which amended VEVRAA, applies to government contractors with contracts of $50,000 or more entered into before December 1, 2003, and contracts of $150,000 or more entered into after December 1, 2003.
Requirement. Under the JVA, contractors must post job openings with the appropriate employment service delivery system. All job openings must be posted, except executive and top management positions, positions that will be filled internally, and positions lasting 3 days or less. Contractors can satisfy the posting requirements by listing job openings with the state workforce agency job bank for the state where the job opening occurs or with the appropriate local employment service delivery system where the opening occurs (41 CFR Sec. 60-300.5). Listing must be done simultaneously with the contractor's use of any other recruitment efforts. Contractors can list employment openings by submitting them via mail, facsimile, electronic mail, or other electronic posting, and may enlist the services of third parties.
The law defines an "employment service delivery system" as those public employment offices established under the Wagner-Peyser Act that provide job search assistance, job referral, placement assistance, reemployment services, and recruitment services. The names of these agencies vary, and may include the terms "Employment Services," "State Workforce Agency," "Employment Security Commission," "Job Service," "Career Center," "Workforce Center," "One-Stop," "Job Center," or "Workforce Development Center."
Coverage. Government contracts and subcontracts of $150,000 or more.
Requirement. Contractors must list employment openings with the appropriate local employment service office where the opening occurs (41 CFR Sec. 60-250.5). Listing with the state workforce agency job bank in the state in which the opening occurs will also satisfy the listing requirement.
Note: Contractors covered by both Parts 60-250 and 60-300 of Chapter 41 of the federal regulations can satisfy these job listing requirements by posting job openings with the appropriate employment service delivery system, the state workforce agency job bank in the state in which the opening occurs, or an appropriate local employment service delivery system.
Coverage. Federal government contractors and subcontractors with 50 or more employees and federal contracts of $15,000 or more.
Requirement. Employers must display the “Employee Rights on Government Contracts” poster explaining the rights of employees to a minimum wage, overtime, and fringe benefits, as well as workplace safety rules. The poster must be displayed where employees will see it as they arrive for and leave from work. A copy of the poster is available at http://www.dol.gov/whd
Depending on whether the preference is for low cost or high convenience, employers have a few options for complying with the poster requirements detailed above:
Individual Self-Print Posters. Federal and state issuing agencies generally make all posters available for no cost on the appropriate agency website. Employers who wish to do so may simply print a copy of each individual poster for no cost. See the individual poster requirements for link and details.
This option may be more time consuming, as the employer must track down and print each individual poster, but apart from the time investment, this option is generally inexpensive and may be preferable for small workplaces and for workplaces with many remote workers.
Agency Requested Posters. In addition to self-printing online posters, employers can also obtain preprinted posters by contacting the appropriate agencies:
Last updated on February 15, 2024.
Related Topics:
National
Coverage. All employers that are covered by the federal nondiscrimination and equal employment opportunity (EEO) laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title II of the Genetics Information Act of 2008, the Equal Pay Act, and laws protecting veterans from discrimination.
Requirement. Employers must display the "Know Your Rights: Workplace Discrimination is Illegal” poster (formerly the “Equal Employment Opportunity is the Law" poster) in the workplace where it can be seen by both employees and applicants. The poster is available at www.eeoc.gov.
Coverage. Employers engaged in interstate commerce. The phrase "interstate commerce" is defined broadly to include virtually all private employers.
Requirement. Employers must display a notice regarding the Employee Polygraph Protection Act (EPPA). The poster informs employees and applicants that employers are prohibited from requesting or requiring lie detector tests for employment purposes and from retaliating against them if they refuse to take lie detector tests. A copy of the poster is available at http://www.dol.gov/whd.
Coverage. All employers.
Requirement. Employers must display a notice with information for employees on the minimum wage, overtime pay, child labor laws, enforcement of the FLSA, and contact information for the Department of Labor (DOL). A copy of the poster, "Employee Rights Under the Fair Labor Standards Act,"  is available at http://www.dol.gov/whd.
Tip credit. Employers that use a tip credit must inform an employee before implementing a tip credit. For details on the content of this notice, refer to the Written Notices Required section below.
Coverage. Employers with 50 or more employees.
Requirement. Employers must display a notice explaining an employee's rights and responsibilities under the FMLA, including eligibility for leave, notice requirements, job protection, health benefit continuation, and contact information for DOL. The poster, WH-1420, must be conspicuously displayed at the place of employment. Electronic posting is sufficient to meet this posting requirement. Copies of the poster are available at http://www.dol.gov/whd.
Written notice is also required. (Refer to the Written Notices Required section below.)
Coverage. Private employers with fewer than 500 employees, governmental agencies, and schools.
Requirements.The Families First Coronavirus Response Act (FFCRA) required covered employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19 and to post notices explaining employee rights under the Act, effective April 1, 2020, through December 31, 2020. The FFCRA has now expired, and, as of January 1, 2021, employers are no longer required to provide leave under the Act, and the poster that was previously required is no longer mandatory. However, covered employers must retain records of COVID-19-related leave for 4 years, including all documentation of leave requests, regardless of whether leave was granted or denied.
Coverage. Agricultural employers, agricultural associations, and farm labor contractors.
Requirement. The Act requires these employers to post a notice entitled "Notice: Migrant and Seasonal Agricultural Worker Act." The poster, prepared by the DOL, must be conspicuously displayed at the place of employment. The poster is available in both an English/Spanish and English/Haitian version. Copies of the poster are available at http://www.dol.gov/whd (English/Spanish) and http://www.dol.gov/whd (English/Haitian).
Coverage. Agricultural employers that employ workers with H-2A visas. These are nonimmigrant foreign workers performing temporary or seasonal agricultural work.
Requirement. Covered employers must post an H-2A poster where employees can see it. The poster is available from the DOL at https://www.dol.gov.
Coverage. Employers engaged in interstate commerce and subject to the requirements of the OSH Act.
Requirement. Employers must display a copy of the poster titled "Job Safety and Health: It's the Law," which explains to employees that they are entitled to a workplace free from recognized hazards and how to report workplace hazards. Employers must also post a copy of the OSHA 300A, Summary of Work-Related Injuries and Illnesses, for the previous year. A copy of the poster is available at http://www.osha.gov. OSHA 300A may be obtained at http://www.osha.gov.
Coverage. Employers with disabled employees working under special minimum wage certificates authorized by the FLSA, McNamara-O'Hara Service Contract Act, or the Walsh-Healey Public Contracts Act.
Requirement. Employers must display a poster explaining the conditions under which special minimum wage may be paid. The poster must be accessible to both the disabled employees and their parents or guardians. A copy of the poster is available at http://www.dol.gov/whd.
Coverage. All employers.
Requirement. All employers must display the USERRA notice titled "Your Rights Under USERRA." The notice explains the rights, benefits, and obligations of employees covered under USERRA, including rights to reemployment, health insurance protection, and the prohibition against discrimination and retaliation. A copy of the poster is available at http://www.dol.gov.
Coverage. All nonfederal employers that receive economic stimulus funds under the American Recovery and Reinvestment Act of 2009 (ARRA).
Requirement. Covered employers must post notice of employee rights and remedies (administrative and judicial) under the whistleblower provisions of ARRA. Under ARRA, employees are protected if they disclose what they reasonably believe is evidence of gross mismanagement of an agency contract or grant relating to stimulus funds; a gross waste of stimulus funds; a substantial and specific danger to public health or safety related to the implementation or use of stimulus funds; an abuse of authority related to the implementation or use of stimulus funds; or a violation of a law, rule, or regulation that governs an agency contract or grant related to stimulus funds. A copy of the poster is available at https://www.oig.dol.gov.
Overview. Detailed discussion is provided below on selected, broadly applicable federal employment notice requirements (e.g., written notices, forms, or pamphlets) that must be provided to employees and/or new hires.
Please note that additional notice requirements and best practices may apply, particularly in industrial workplaces, healthcare and educational facilities, and other workplaces with unique or specific needs.
Coverage. All employers subject to the FLSA.
Required. All covered employers must provide one of two written notices to employees. There is one model notice for employers that do not offer health insurance to employees and another model notice for employers that offer a health plan to some or all employees. The notice must be provided to new hires within 14 days of the employees’ start date.
For employers that offer health insurance, the model notice provides information on the ACA Health Insurance Marketplace to help employees evaluate their health insurance coverage options. The notice is issued by the DOL at https://www.dol.gov.
Coverage. All employers subject to the FLSA.
Required. All covered employers must provide one of two written notices to employees. There is one model notice for employers that do not offer health insurance to employees and another model notice for employers that offer a health plan to some or all employees. The notice must be provided to new hires within 14 days of the employees’ start date.
For employers that do not offer health insurance, the model notice provides information on the ACA Health Insurance Marketplace to help employees evaluate their health insurance coverage options. The notice is issued by the DOL at https://www.dol.gov.
Coverage. Employers with 20 or more employees that provide group health plans.
Required. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), covered employers are responsible for ensuring that terminated employees and other qualified beneficiaries receive proper COBRA notice of their right to continue health insurance at their own expense. Both voluntary and involuntary terminations are considered qualifying events under COBRA, triggering the continuation coverage, except terminations that are the result of an employee’s gross misconduct. Employers must notify plan administrators of the termination within 30 days of the event, and the plan administrators must then provide written notice to qualified beneficiaries within 14 days after receipt of a notice of a qualifying event from the employer. In cases in which the employer is the plan administrator, this notice is due within 44 days of the event or loss of coverage (whichever applies). The DOL provides a COBRA Model Election Notice in English and Spanish.
Coverage. Employers that use a tip credit.
Requirement. FLSA regulations require employers to inform an employee before implementing a tip credit. Unless an employer gives proper notice, the employer will not be eligible to use a tip credit. According to the final rule, the notice has to include the following explanation:
• The amount of the cash wage the employer pays the employee, which cannot be less than $2.13 per hour;
• The additional amount the employer is using as a credit against tips received, which cannot exceed the difference between the minimum wage ($7.25) and the actual cash wage paid by the employer to the employee;
• That the additional amount claimed by the employer on account of tips as the tip credit may not exceed the value of the tips actually received by the employee;
• That the tip credit cannot be applied to any tipped employee unless the employee has been informed of the tip credit provisions of the FLSA; and
• That all tips received by the tipped employee must be retained by the employee, except for valid pooling of tips.
Employers must also notify employees of any required tip pool contribution amount.
Caution: The regulations do not require these notices to be in writing. However, it is advisable that employers provide employees with written notice and retain a record of the notice in case there is a dispute with a tipped employee.
Coverage. Employers with 50 or more employees.
Required. In addition to posting the FMLA notice (WH-1420) in the workplace, employers must also provide this general notice to each employee by including it in employee handbooks or other written guidance to employees concerning employee benefits or leave rights, if such written materials exist, or by distributing a copy of the general notice to each new employee upon hiring. (Note: The general notice is the same notice that must be posted in the workplace.) The general notice is issued by the DOL at https://www.dol.gov.
Coverage. All employers.
Required. The official form that should be filled out for every person hired is Form I-9. This form is required for each new employee to document the verification of employees' eligibility to work in the United States. The Immigration Reform and Control Act (IRCA) requires every employer, before hiring an applicant, to examine documents that establish the individual’s identity and eligibility to work. The employee must bring in original documents to prove their identity and employment eligibility. Form I-9 is divided into three sections: employees fill out the first section, the employer fills out the second section, and the third section is for reverification of employment eligibility or rehires.
Section 1 of Form I-9 must be completed by every newly hired employee on or before the first day of employment, but not before the job offer has been accepted. Section 2 of Form I-9 must be completed and signed by the employer within 3 business days of the date employment begins.
Form I-9 is issued by the U.S. Citizenship and Immigration Services (USCIS) and may be obtained at https://www.uscis.gov/i-9. Instructions for completing Form I-9 are available here.
Coverage. All employers.
Required. Form W-4 is required for each new employee. Employers use Form W-4 to determine the amount of federal income tax to withhold from an employee’s wages. The form is issued by the Internal Revenue Service at https://www.irs.gov.
Coverage. Employers with 100 or more employees.
Required. On November 5, 2021, the Occupational Safety and Health Administration (OSHA) published its ETS mandating that covered employers must require all employees to be fully vaccinated against COVID-19 or, alternatively, to wear a face covering and undergo weekly testing (86 Fed. Reg. 61,402; Nov. 5, 2021). Under the ETS, covered employers are required to develop and issue a written mandatory vaccination policy and provide this information and other notices to employees. On January 13, 2022, the U.S. Supreme Court struck down OSHA’s ETS that would have obligated covered employers to require employees to be vaccinated or submit to weekly testing, as well as to provide certain notices to employees. Following the Court’s ruling, OSHA withdrew the vaccination and testing ETS, effective January 26, 2022. Any state and local government vaccination and testing requirements are not affected by OSHA’s withdrawal of the ETS.
Coverage. Employers that employ 100 or more full-time workers and employers that employ 100 or more workers who work at least a combined total of 4,000 hours per week (excluding overtime hours).
Required. If employees are being terminated as part of a layoff, reduction in force, or plant closing, a covered employer must give 60 days' notice of any plant closing and/or mass layoff under the federal Worker Adjustment and Retraining Notification Act (WARN Act). At least 60 days before a closing or layoff, an employer must provide written notice to (1) the union representing the affected employees or to the employees themselves if there is no union, (2) the state dislocated-worker unit, and (3) the chief elected official of the local government unit in which the closing or layoff is to occur. The notice to employees who do not have a representative must contain the name and address of the plant site where the closing or layoff will occur; the name and phone number of a company representative to contact for further information; a statement about whether the separation is expected to be permanent or temporary and, if the entire plant is to be closed, a statement to that effect; the expected date when separations will begin and the anticipated date when the individual employees will be separated; and an indication whether or not bumping rights exist.
Coverage. Federal government contractors and subcontractors with federal contracts of $2,000 or more for the construction, alteration, or repair of a public building or public works, or buildings financed by federal funds, federal guarantee, or federal pledge.
Requirement. Employers must display a poster explaining the rights of employees to a minimum wage, overtime, and apprentice rates of pay. A copy of the poster is available at http://www.dol.gov/whd
Coverage. Federal contractors with prime federal contracts that have a period of performance longer than 120 days and a value above the simplified acquisition threshold ($100,000) are covered. Also covered are subcontractors if a prime contract includes the clause. For subcontracts that flow from those prime contracts, the E-Verify requirement applies to subcontracts for services or for construction with a value over $3,500.
Requirement. Federal contractors must post the English and Spanish notice provided by the Department of Homeland Security indicating their company’s participation in the E-Verify program and the “Right to Work” poster issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices. Both notices must be clearly displayed at hiring site(s). Links to both notices are available here. Federal contractors can find more information on enrolling in E-Verify at the following link: http://www.dhs.gov.
Coverage. Contractors and subcontractors doing projects for the federal government and contractors working under federally assisted construction contracts.
Requirement. Display of a copy of the consolidated EEO “Know Your Rights” poster where it can be seen by applicants and employees meets the posting requirement of Executive Order 11246.
In addition to the “Know Your Rights” poster, federal contractors that enter into a new, covered federal contract or modify an existing federal contract or subcontract, in effect on or after January 11, 2016, are required to disseminate the “Transparency Nondiscrimination Provision” by electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. More information about this requirement is available here. Both posters are available from the OFCCP at https://www.dol.gov.
Coverage. Contractors and subcontractors doing projects for the federal government.
Requirement. Display an 11” x 17” copy of the “Worker Rights” poster, which includes information about the minimum wage for federal contractors. The poster is available from the DOL at https://www.dol.gov.
More information about this requirement is available here.
Coverage. Contractors and subcontractors doing projects for the federal government.
Requirement. Display an 11” x 17” copy of the “Paid Sick Leave for Federal Contractors” poster. The poster is available here.
More information about this requirement is available here.
Coverage. Federal government contractors and subcontractors.
Requirement. Covered contractors must post a notice of employee rights under the National Labor Relations Act (NLRA), including the right to bargain collectively and to join a union (29 CFR 471). If a contractor or subcontractor normally posts notices electronically, it must post this notice electronically. Employers can satisfy the posting requirement by providing a link to the DOL website that contains the poster; however, the link must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers." If a significant portion of the workforce is not proficient in English, the notice must be provided in the language the employees speak. A copy of the poster, in various languages, can be downloaded from the following link: http://www.dol.gov/olms.
Exemptions. Some contractors are exempt from the posting requirement, including contracts solicited before June 19, 2010; subcontracts of $10,000 or less; contracts involving purchases below the simplified acquisition threshold set by Congress; and contracts and subcontracts for work performed exclusively outside the United States. Additionally excluded are carriers subject to the Railway Labor Act, labor organizations, and employers of workers not covered by the NLRA and other labor statutes.
Coverage. Federal government contractors and subcontractors with 50 or more employees and federal contracts of $15,000 or more.
Requirement. Display of a copy of the consolidated EEO “Know Your Rights” poster where it can be seen by applicants and employees meets the posting requirement of the Rehabilitation Act. The poster is available from the OFCCP here.
Coverage. Employers holding federal contracts or subcontracts or federal-assisted construction contracts of $100,000 or more entered into before October 1, 2015, and federal contracts or subcontracts of $150,000 or more thereafter; financial institutions that are agents for U.S. savings bonds; depositories of federal funds; or entities having government bills of lading.
Requirement. Display of a copy of the consolidated EEO “Know Your Rights” poster where it can be seen by applicants and employees meets the posting requirements of VEVRAA. The poster is available from the OFCCP here.
Coverage. The Jobs for Veterans Act (JVA), which amended VEVRAA, applies to government contractors with contracts of $50,000 or more entered into before December 1, 2003, and contracts of $150,000 or more entered into after December 1, 2003.
Requirement. Under the JVA, contractors must post job openings with the appropriate employment service delivery system. All job openings must be posted, except executive and top management positions, positions that will be filled internally, and positions lasting 3 days or less. Contractors can satisfy the posting requirements by listing job openings with the state workforce agency job bank for the state where the job opening occurs or with the appropriate local employment service delivery system where the opening occurs (41 CFR Sec. 60-300.5). Listing must be done simultaneously with the contractor's use of any other recruitment efforts. Contractors can list employment openings by submitting them via mail, facsimile, electronic mail, or other electronic posting, and may enlist the services of third parties.
The law defines an "employment service delivery system" as those public employment offices established under the Wagner-Peyser Act that provide job search assistance, job referral, placement assistance, reemployment services, and recruitment services. The names of these agencies vary, and may include the terms "Employment Services," "State Workforce Agency," "Employment Security Commission," "Job Service," "Career Center," "Workforce Center," "One-Stop," "Job Center," or "Workforce Development Center."
Coverage. Government contracts and subcontracts of $150,000 or more.
Requirement. Contractors must list employment openings with the appropriate local employment service office where the opening occurs (41 CFR Sec. 60-250.5). Listing with the state workforce agency job bank in the state in which the opening occurs will also satisfy the listing requirement.
Note: Contractors covered by both Parts 60-250 and 60-300 of Chapter 41 of the federal regulations can satisfy these job listing requirements by posting job openings with the appropriate employment service delivery system, the state workforce agency job bank in the state in which the opening occurs, or an appropriate local employment service delivery system.
Coverage. Federal government contractors and subcontractors with 50 or more employees and federal contracts of $15,000 or more.
Requirement. Employers must display the “Employee Rights on Government Contracts” poster explaining the rights of employees to a minimum wage, overtime, and fringe benefits, as well as workplace safety rules. The poster must be displayed where employees will see it as they arrive for and leave from work. A copy of the poster is available at http://www.dol.gov/whd
Depending on whether the preference is for low cost or high convenience, employers have a few options for complying with the poster requirements detailed above:
Individual Self-Print Posters. Federal and state issuing agencies generally make all posters available for no cost on the appropriate agency website. Employers who wish to do so may simply print a copy of each individual poster for no cost. See the individual poster requirements for link and details.
This option may be more time consuming, as the employer must track down and print each individual poster, but apart from the time investment, this option is generally inexpensive and may be preferable for small workplaces and for workplaces with many remote workers.
Agency Requested Posters. In addition to self-printing online posters, employers can also obtain preprinted posters by contacting the appropriate agencies:
Last updated on February 15, 2024.
CT-WEB06
Copyright © 2024 Business & Legal Resources. All rights reserved. 800-727-5257
This document was published on https://Compensation.BLR.com
Document URL: https://compensation.blr.com/analysis/HR-Administration/Employer-Notices-Posting/