Private employers, state and local governments, and educational institutions are required to post notices in compliance with the following acts:
Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)
Employee Polygraph Protection Act (EPPA)
Equal Pay Act (EPA)
Fair Labor Standards Act (FLSA)
Family and Medical Leave Act (FMLA)
National Labor Relations Act (NLRA)
Occupational Safety and Health Act (OSH Act)
Pregnant Workers Fairness Act (PWFA) (included in the Know Your Rights poster)
Section 214 of the Immigration and Nationality Act
Title VII Civil Rights Act of 1964
Uniformed Services Employment and Re-Employment Rights Act (USERRA)
Government contractors are required to post notices in compliance with the following acts and provisions:
Davis-Bacon Act
Drug-Free Workplace Act
Energy Reorganization Act
Executive Order 11246
Executive Order 13496
Federal Minimum Wage for Contractors (Executive Order 13658)
Paid Sick Leave for Federal Contractors (Executive Order 13706)
Section 503 of the Rehabilitation Act of 1973
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Walsh-Healy Public Contracts Act
Agricultural employers and farm labor contractors are required to post notices in compliance with the following acts and provisions:
Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
Section 218 of the Immigration and Nationality Act
In addition to the required posters, it is recommended that employers post notices in compliance with the following acts:
Civil Rights Act of 1991 (included in the Know Your Rights poster)
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Consumer Credit Protection Act, Title III
Employee Retirement Income Security Act of 1974 (ERISA)
Fair Credit Reporting Act (FCRA)
Federal Military Selective Service Act
Immigration Reform and Control Act (IRCA)
Required Private Employer, State and Local Government, and Educational Institution Posters
Federal law requires that specific posters must be displayed in the workplace. The required notices must be conspicuously displayed in an area where employees traditionally congregate. Copies of the posters should be provided in a format accessible to employees with disabilities that limit their ability to see or read.
Age Discrimination in Employment Act (ADEA)
The ADEA requires employers with 20 or more employees to post the Equal Employment Opportunity Commission (EEOC) Know Your Rights poster in hiring and work locations.
Americans with Disabilities Act (ADA)
Per the ADA, employers with 15 or more employees must post the EEOC Know Your Rights poster in hiring and work locations.
Employee Polygraph Protection Act (EPPA)
The EPPA requires employers to post notices detailing employees’ rights regarding lie-detector tests in an area where notice may be readily seen by both employees and applicants. The Employee Polygraph Protection Act poster may be printed and posted to fulfill this requirement.
Equal Pay Act (EPA)
As provided by the EPA, all employers must conspicuously post a notice that any pay differential based on an employee’s sex is prohibited. This notice is included in the EEOC’s Know Your Rights poster.
Fair Labor Standards Act (FLSA)
Every employer of employees subject to the FLSA’s minimum wage provisions must post Employee Rights Under the Fair Labor Standards Act, which also covers child labor standards and retaliation against employees asserting their rights under the FLSA. There are posters specific to state and local government employees as well as to agricultural employees.
Special Minimum Wage Poster
Employers of workers with disabilities under special minimum wage certificates authorized by the FLSA, the McNamara-O’Hara Service Contract Act, and/or the Walsh-Healey Public Contracts Act must display the Employee Rights for Workers with Disabilities/Special Minimum Wage poster in a conspicuous place on the employer’s premises where employees and the parents or guardians of workers with disabilities can readily see it.
Family and Medical Leave Act (FMLA)
Per FMLA provisions, employers with 50 or more employees must inform employees that they are entitled to 12 weeks of unpaid, but job-protected, leave for any of the following reasons:
For the birth and care of the newborn child of the employee.
For placement with the employee of a son or daughter for adoption or foster care.
To care for an immediate family member (spouse, child, or parent) with a serious health condition.
To take medical leave when the employee is unable to work because of a serious health condition.
The Family and Medical Leave Act Poster must be displayed in both hiring and work locations and must be provided in the language in which employees are literate.
National Labor Relations Act (NLRA)
Appellate courts have enjoined the National Labor Relation Board’s rule requiring the posting of employee rights under the National Labor Relations Act. However, employers (excluding federal contractors and subcontractors) may voluntarily post the Employee Rights Under the NLRA poster.
Occupational Safety and Health Act (OSH Act)
The OSH Act requires all employers to display the Job Safety and Health: It’s the Law poster. Additionally, most employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, must be posted in a visible location so employees are aware of the workplace injuries and illnesses. Employers are required to post this summary of the prior year by February 1 and keep it posted until April 30 of that year.
Section 214 of the Immigration and Nationality Act
Employers hiring temporary (nonimmigrant) nonagricultural workers under H-2B visas must post the Employee Rights Under the H2-B Program in a conspicuous location at each worksite in English and Spanish.
Title VII of the Civil Rights Act
Title VII provides that employers with 15 or more employees are required to post the EEOC Know Your Rights poster.
Uniformed Services Employment and Re-Employment Rights Act (USERRA)
All employers are required to display the Your Rights Under USERRA poster informing employees covered by USERRA of their rights, benefits, and obligations under the act. The notice must be posted where employers customarily place employment notices.
Required Government Contractors Posters
Davis-Bacon Act
The Davis-Bacon Act is applicable to employers with contracts in federally-financed construction in excess of $2,000. The act requires the Employee Rights Under the Davis-Bacon Act poster to be displayed in the workplace specifying minimum hourly rates that must be paid by the employer.
Drug-Free Workplace Act
A poster providing employees with information concerning drug-abuse programs and drug-awareness programs is required for all employers with federal contracts equal to or greater than $25,000. The poster is available through the Administrator for Federal Procurement Policy in the Office of Management and Budget.
Energy Reorganization Act
Operators, contractors, and subcontractors of nuclear power plants licensed by the Nuclear Regulatory Commission, and employees of contractors working with the Department of Energy under a contract pursuant to the Atomic Energy Act must post the Your Rights Under the Energy Reorganization Act poster in a prominent and accessible place readily seen by employees.
Executive Order 11246
Federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in government business in one year must post the Know Your Rights and Equal Employment Opportunity is the Law Poster Supplement poster in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.
Every employer covered by Executive Order 11246 must also post the Pay Transparency Nondiscrimination Provision poster and include it in employee manuals and handbooks.
Executive Order 13496
Federal contractors and subcontractors are required to inform employees of their rights under the National Labor Relations Act by conspicuously posting the Employee Rights Under the NLRA poster in and around plants and offices where other employee notices are posted.
Federal Minimum Wage for Contractors (Executive Order 13658)
Parties who contract with the federal government in connection with federal contracts must post the Worker Rights Under Executive Order 13658 in a prominent and accessible place readily seen by employees.
Paid Sick Leave for Federal Contractors (Executive Order 13706)
Employers entering into covered contracts with the federal government must post the Worker Rights Under Executive Order 13706 in a prominent and accessible place readily seen by employees. Covered contracts include those covered by the Davis-Bacon Act and the Service Contract Act, contracts for concessions operating on federal property, and contracts in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public.
Section 503 of the Rehabilitation Act
Employers that have both a federal contract or subcontract of $50,000 or more and 50 or more employees, must prepare, implement, and maintain a written affirmative action program covering each of its establishments. The employer must review and update the program annually and make it available for inspection by any employee or applicant for employment, as well as by the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor. The program may be integrated with or kept separate from any other affirmative action program the employer is required to prepare.
The required language is provided in the EEOC’s Know Your Rights poster.
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Employers with government contracts in excess of $10,000 must display a notice that affirmative action should be used to employ and advance veterans of the Vietnam era. Employers of more than 50 employees, with contracts in excess of $50,000, must have a written affirmative action plan. The required language is contained in the EEOC’s Know Your Rights poster.
Walsh-Healy Public Contract Act
Employers with government contracts in excess of $10,000 must display the Employee Rights on Government Contracts poster stating that the employer must pay the prevailing minimum wage and time-and-one-half for hours worked exceeding 40 hours per week.
Required Agricultural Employer and Farm Labor Contractor Posters
Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
Agricultural employers, agricultural associations and farm labor contractors subject to the MSPA who employ migrant or seasonal agricultural workers must post the MSPA Notice in a conspicuous place at each place of employment.
Section 218 of the Immigration and Nationality Act
Agricultural employers hiring temporary agricultural workers under H-2A visas must post the Employee Rights Under the H-2A Program poster in a conspicuous location at the place of employment in English and any language common to a significant portion of workers.
Recommended Notifications
The following notifications are not required of all employers but are recommended to inform employees of their rights and privileges during employment.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
COBRA applies to employers with 20 or more employees. The COBRA Model Election Notice states that employers must extend the option of continued health insurance to employees, their spouses, and dependents that otherwise would lose their health insurance coverage as a consequence of termination or another qualifying event.
Consumer Credit Protection Act, Title III
Fact Sheet #30 informs employees that garnishment withholding of more than 25 percent of disposable income is prohibited and that employers’ actions relative to discharge are limited. The act is applicable to all FLSA-covered employers.
Employee Retirement Income Security Act (ERISA)
Reporting and Disclosure Guide for Employee Benefit Plans informs employees of pension and welfare information relative to employee participation in certain programs.
Fair Credit Reporting Act (FCRA)
A Summary of Your Rights Under the Fair Credit Reporting Act notice informs employees, upon receipt of the employee’s consent, of an employer’s intention to procure and use employee credit reports in hiring or other employment processes.
Immigration Reform and Control Act (IRCA)
The Immigration Reform and Control Act (IRCA) requires employers to verify the identity and employment eligibility of all new employees via Form I-9, Employment Eligibility Form. The IRCA is enforced by the Immigrant and Employee Rights Section (IER) of the U.S. Department of Justice. There is no general IRCA poster; however, employers participating in E-Verify must post an E-Verify Participation poster in English and Spanish and Immigration and Employee Rights poster to inform current and prospective employees of their legal rights and protections under the act.