Federal Notices - J. J. Keller & Associates, Inc.

Federal Notices

Please use the list below to determine which federal notices may apply to your company.

Notices included on the Federal Labor Law Poster
Federal Notice Title	The law(s) behind the notice	What the notice provides	Who must post?
Equal Employment Opportunity is the Law (EEO)	The laws include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, Executive Order 11246, The Rehabilitation Act, Vietnam Era Veterans Readjustment Assistance Act, Age Discrimination in Employment Act, and the Equal Pay Act. ALERT: The EEO notice will be updated effective November 21, 2009 pursuant to the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA will prohibit employers' use of genetic information, restricts employers' acquisition of genetic information, and strictly limit disclosure of genetic information.	Describes the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay and disability.	All public and private employers with 15 or more employees. The notice must be posted prominently, where it can be readily seen by employees and applicants for employment.
Minimum Wage (Fair Labor Standards Act - FLSA)	The 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.	Explains the provisions of the FLSA, including federal minimum wage, overtime pay, and youth employment rights	Every employer of employees subject to the FLSA'ss minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it. The content of the notice is prescribed by the Wage and Hour Division of the Department of Labor.
Employee Polygraph Protection Act (EPPA)	The 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. EPPA excludes federal, state and local government agencies from the Act's coverage, with respect to public employees.	The notice explains the Act with a brief summary	Every employer subject to the Employee Polygraph Protection Act (EPPA) must post and keep posted on its premises a notice explaining the Act, as prescribed by the Secretary of Labor. 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.
Job Safety and Health "It's the Law!" (OSHA 3165)	The OSH Act was enacted to "assure safe and healthful working conditions for working men and women" including occupational injury and illness recording and reporting requirements.	The notice informs employers and employees of their rights and responsibilities for a safe and healthful workplace.	All covered employers are required to display the federal OSHA 3165 notice in each establishment in a conspicuous place or places where notices to employees are customarily posted.
Uniformed Services Employment and Reemployment Rights Act (USERRA)	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 notice provides the rights, benefits, and obligations of covered persons and employers.	The notice must be provided by each employer to persons entitled to rights and benefits under USERRA. This may be met by posting where employee notices are customarily placed.
Family and Medical Leave Act (FMLA)	FMLA provides a means for employees to balance their work and family responsibilities by taking unpaid leave for certain family and medical reasons. ALERT: Provisions in the final rule published on November 17, 2008 call for increased notice obligations for employers so that employees will better understand their FMLA rights, while revising the employee notice rules to minimize workplace disruptions due to unscheduled FMLA absences. • In addition, the FMLA now allows families of National Guard and Reserve personnel on active duty to take FMLA job-protected leave to manage their affairs, for "qualifying exigency" leave. The new rule defines "qualifying exigencies" as: (1) short-notice deployment; (2) military events and related activities; (3) childcare and school activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities; and (8) additional activities where the employer and employee agree to the leave.	Explains the FMLA's provisions and provides information on the procedures for filing complaints of violations with the Wage and Hour Division.	Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees, within a 75 mile radius, in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers.
Other Federal Notices not included on the Federal Labor Law Poster
Davis-Bacon and Related Acts (DBRA)	The U.S. Department of Labor’s Wage and Hour Division published a final rule revising regulations under the Davis-Bacon and related Acts and the Copeland Anti-Kickback Act to discontinue the weekly reporting of certain employee personal information on certified payrolls. The final rule is effective on January 18, 2009.	The Wage Hour Division (WHD) has released guidance concerning implementation of Section 1606 of the American Recovery and Reinvestment Act of 2009 ("ARRA"), which provides for application of Davis-Bacon labor standards to certain Federal and federally-assisted construction work funded in whole or in part under provisions of ARRA. The DBRA requires certain contractors to pay their laborers and mechanics at least the prevailing wage rates and fringe benefits for corresponding work on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Department of Labor for inclusion in covered contracts.	The Davis-Bacon and Related Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works.
McNamara-O'Hara Service Contract Act (SCA)	The SCA requires contractors and subcontractors performing services on covered federal or District of Columbia contracts in excess of $2,500 to pay service employees in various classes no less than the monetary wage rates and to furnish fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement.	Provides information to employees of employers who are governed by the SCA on pay, benefits, child labor, safety & health, union dues, and how to lodge a complaint. Please note that the SCA and the PCA posters are one in the same.	Employers performing work covered by the Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract.
Walsh-Healy Public Contract Act (PCA)	The PCA requires contractors engaged in the manufacturing or furnishing of materials, supplies, articles, or equipment to the U.S. government or the District of Columbia to pay employees who produce, assemble, handle, or ship goods under contracts exceeding $10,000, 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.	Provides information to employees of employers who are governed by the PCA on pay, benefits, child labor, safety & health, union dues, and how to lodge a complaint. Please note that the SCA and the PCA posters are one in the same.	The federal contractor must display copies of the Service Contract Act/Walsh-Healey Public Contracts Act Poster during the period that covered work is being performed on the contract.
Becks Notice - Executive Order 13201 (E.O. 13201) CURRENTLY UNAVAILABLE	Employees cannot be required to join a union or maintain membership in a union to retain their jobs. Employees who are subject to a union security clause and choose not to be union members may object to the use of their compulsory union dues and fees for union expenditures that are not related to representational activities such as collective bargaining, contract administration, and grievance adjustment. ALERT: Pursuant to Executive Order 13496, the Department will issue a notice and comment rulemaking (NPRM) that proposes a notice informing employees of their rights under Federal labor laws and otherwise implements the requirements of the Order. We cannot offer any information at this time regarding the timeline of the publication of the NPRM.	Informs employees that they have certain rights related to union membership and use of union dues and fees under federal law.	Non-exempt federal contractors and subcontractors subject to E.O. 13201.
Employee Right for Workers with Disabilities/Special Minimum Wage Poster Employment Standards	In certain circumstances, employers may pay special minimum wages -less than the federal minimum wage- for workers who have disabilities for the work being performed.	The notice explains the conditions under which special minimum wages may be paid, and includes a definition of a worker with a disability, along with information on pay, benefits, notification of special wages, and how to get their wage rates reviewed.	Employers that have workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act. The notice must be posted in a conspicuous place on the employer's premises where employees can readily see it.
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (Not available online)	The MSPA provides employment-related protections to migrant and seasonal agricultural workers and is administered and enforced by the Wage and Hour Division of the U.S. Department of Labor's (DOL) Employment Standards Administration.	The notice explains the rights and protections for workers required under the MSPA.	Agricultural employers, agricultural associations and farm labor contractors. The notice must be posted in a conspicuous place at each place of employment.
E-Verify	An online system operated jointly by the Department of Homeland Security and the Social Security Administration (SSA). Employers can check the work status of new hires online by comparing information from an employee's I-9 form against SSA and Department of Homeland Security databases. E-Verify is generally a voluntary program for employers; however, employers in some states and all federal contract employers are required to participate in the program.	The notice indicates that the employer is participating in E-verify.	Employers participating in the E-Verify program.
Right to Work	Title VII of the Civil Rights Act prohibits discrimination based on national origin. USCIS provides information to E-Verify employers about the program’s policies and procedures through a Memorandum of Understanding that all employers must sign. (http://www.uscis.gov/files/ nativedocuments/MOU.pdf)	Informs job applicants and employees of their rights regarding discrimination in the workplace.	Employers participating in the E-Verify program.
Applicant Information	Various	Helps employers comply with federal labor law notification requirements for job applicants and includes the following Federal notices: Equal Employment Opportunity is the Law (EEO), Employee Polygraph Protection Act (EPPA), Family and Medical Leave Act (FMLA), and Right To Work.	Public and private employers must post these notices in a conspicuous place, such as the interview area, hiring office, or company lobby, where job applicants can view them.