There are numerous governmental agencies and laws, at both the federal and state levels, which regulate employers and employees: the U.S. Equal Employment Opportunity Commission (“EEOC”), the U.S. Department of Labor (“DOL”), the Occupational Safety and Health Administration (“OSHA”), the Employment Standards Administration—Wage and Hour Division (“WHD”), and the Colorado Department of Labor and Employment (“CDLE”).

There are also companies that offer to send employers all the posters required by federal and state labor laws for the low, low price of $XX.99, but is that a good deal for your district? Probably not, because as a public employer, some federal and state labor laws don’t apply to special districts, plus, the posters which you are required to post are available on the Internet for free.

This article will help you understand which, if any, workplace posters your district is required to display, the date of the most recent version, and where to obtain a copy.

Federal Posters

Equal Employment Opportunity

Various federal laws, including the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, and the Genetic Information Nondiscrimination Act (more details on GINA below) protect applicants and employees from discrimination in various aspects of employment (hiring, discharge, pay, training, etc.) on the basis of race, color, religion, sex (including pregnancy), national origin, disability, age (40 or older), and genetic information. These laws also prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.

Whether a local government employer is covered by the various federal laws referred to above depends on the number of employees it has, and the type of discrimination alleged. For example, if the complaint against a special district involves race, sex, religion, or disability discrimination, the district is covered if it has 15 or more employees who worked for the district for at least twenty calendar weeks (in this year or last). However, complaints involving age discrimination are covered no matter how many employees the district has.

Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) became effective on November 21, 2009 and applies to private and state and local government employers with 15 or more employees. Title II of GINA prohibits the use of genetic information in making decisions related to any terms, conditions, or privileges of employment, prohibits the intentional acquisition of genetic information about applicants and employees (that means don’t ask for family medical history), imposes strict confidentiality requirements with respect to genetic information, and prohibits retaliation.

The law requires employers, including local government employers, to post notices describing these federal employment discrimination laws. The EEOC has revised its “Equal Employment Opportunity is the Law” poster (revised 11/09) to add information about GINA, so be sure your EEO poster is up-to-date. The EEOC’s 09/02 poster and the OFCCP’s (Office of Federal Contract Compliance Programs) 08/08 poster are still useable if displayed together with the EEO 11/09 poster supplement. Post the EEO notice prominently, where it can be readily seen by employees and applicants for employment. Here’s a link to the complete EEO poster and poster supplement: http://www1.eeoc.gov/employers/poster.cfm.

Family and Medical Leave Act (“FMLA”)

The Family and Medical Leave Act of 1993 provides a means for employees to balance their work and family responsibilities by taking job-protected, unpaid leave (up to 12 weeks in a 12-month period) for certain reasons, including the birth/adoption and care of a child, and the care of their own or an immediate family member’s serious health condition, as well as certain military family leave entitlements.

Colorado special districts are considered to be “covered employers” under the FMLA and therefore must post the required notice. However, simply stated, your district is probably only required to provide FMLA leave if it has at least 50 employees.

All covered employers are required to display a poster explaining the provisions of the FMLA and telling employees how to file a complaint with the Wage and Hour Division of violations of the Act. Where an employer’s workforce is not proficient in English, the employer must provide the notice in the language the employee speaks. The DOL provides a prototype poster in English and Spanish. The poster must be posted prominently where it can be seen by employees and applicants for employment. Electronic or online posting is acceptable. The most recent version was revised January 2009. Here’s a link to the FMLA poster:  http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

The Employment Standards Administration in the DOL’s Wage and Hour Division administers the FMLA, and the willful refusal to post the notice may result in a civil penalty.

Federal Minimum Wage – Fair Labor Standards Act (“FLSA”)

The FLSA establishes standards in four employment-related areas:
 

• minimum wage (currently $7.25/hour);
• overtime pay;
• recordkeeping; and
• youth employment.

The FLSA affects full-time and part-time workers in the private sector and in federal, state, and local governments.

There is an FLSA poster designed specifically for state and local government employees, or the employer may post the general FLSA poster. The general poster is available in Spanish, Chinese, Russian, Thai, Hmong, Vietnamese, and Korean, but there is no requirement to post the poster in languages other than English.

Some employees are exempt from (i) the overtime pay provisions, or (ii) both the minimum wage and overtime pay provisions of the FLSA. For example, fire protection employees (firefighters, paramedics, EMTs, and ambulance personnel) may be exempt from overtime pay in public agencies (including Colorado special districts) with less than five fire protection employees, and employees in separate seasonal amusement or recreational establishments (for example swimming pools and parks)  may be exempt from both the minimum wage and overtime provisions of the FLSA. Certain employees may also accrue extra hours of compensatory time beyond that permitted for regular employees. The FLSA is complicated, so please discuss any exemptions with your attorney.

The FLSA poster must be posted and remain posted in a conspicuous place in all of the employers establishments. There is no size requirement for the poster, but it must be readily readable by employees.

An employer of employees to whom sec. 7 of the FLSA does not apply may alter or modify the poster to show that the overtime provisions are inapplicable.

The minimum wage poster is available at www.dol.gov/whd/regs/compliance/posters/flsa.htm. The most recent poster is dated July 24, 2009, but the July 2007 revision is still valid, and employers may continue to post it.

Uniformed Services Employment and Reemployment Rights Act (“USERRA”)

The USERRA protects service members’ reemployment rights when returning from a period of service in the uniformed services, and prohibits employer discrimination based on military service or obligation.

Employers are required to provide 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, or the employer may distribute it by mail, direct handling, or e-mail. There is no size requirement for the poster version of the notice. The informational poster is available at http://www.dol.gov/vets/programs/userra/USERRA_Federal.pdf.

Employee Polygraph Protection Act (“EPPA”)

The Employee Polygraph Protection Act of 1988 generally prevents private sector employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions.

Private employers generally may not require or request any employee or job applicant to take a lie detector test, or discipline, discharge or discriminate against an employee or job applicant for refusing to take a test. Exceptions include applicants of security service firms and pharmaceutical manufacturers, distributors, and dispensers and employees suspected in certain workplace “incidents” such as theft or embezzlement.

The EPPA excludes federal, state and local governments from the Act’s coverage, with respect to public employees, so it is not necessary for your district to display this poster.

Job Safety and Health Protection

The Occupational Safety and Health Act (“OSH Act”) and fifteen other statutes with whistleblower provisions protect workers against retaliation for filing certain complaints with their employers, unions, OSHA, or other governmental agencies. Protected complaints include, but are not limited to, workplace safety and health, the environment, and public transportation safety or security. Retaliation may include actions such as discharge or layoff, reduction in pay of hours, and demotion, discipline or denial of benefits.

All employers covered by the OSH Act are required to conspicuously display the OSHA “Job Safety and Health: It’s the Law” poster.

This poster requirement does not apply to political subdivisions of states, such as Colorado special districts.

Alcohol- and Drug-Free Workplace

The DOL’s Working Partners for an Alcohol- and Drug-Free Workplace Program offers a poster that may be displayed to emphasize the importance of working drug free. This poster is not legally required, but may be downloaded for free and printed on standard-sized paper from http://www.dol.gov/asp/programs/drugs/workingpartners/wpposter.pdf and http://www.dol.gov/asp/programs/drugs/workingpartners/materials/wpposter....

Perhaps with the relatively recent issue of medical marijuana, this optional poster may help reinforce the message that districts are not required to tolerate impairment from drugs or alcohol in the workplace.

Davis Bacon Act, Service Contract Act, and Walsh-Healy Public Contracts Act

Additional posters are required in addition to those listed above for contractors and subcontractors working on federal or federally financed construction projects. Generally, these poster requirements apply just to the contractors and the contractor’s employees. However, if you are building facilities using federal contracts or grants, you should carefully read the document requirements to see if these Acts apply and what, if any, posters need to be posted.

Colorado Posters

Colorado Anti-Discrimination

Colorado employers are required to post a notice furnished by the Colorado Civil Rights Commission that discrimination in employment based on certain enumerated factors is illegal. The notice must be conspicuously posted in easily accessible places customarily frequented by employees and applicants, and at or near each location where employees’ services are performed. You may download the anti-discrimination poster at http://www.dora.state.co.us/civil-rights/publications_and_services/Poste....

This poster should also be displayed in areas of public accommodation, amusement, and recreation.

Colorado Notice to Workers (Unemployment)

This poster informs employees about their unemployment insurance benefits. The poster, Form 502 (Rev. 4/2010), can be downloaded at: www.colorado.gov/CDLE under “Services and Forms—Unemployment Insurance-Employer Forms” and at http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=applicat....

Colorado Workers’ Compensation Act Notices

Notice WC49 (rev. 11/07) provides employees with information about workers’ compensation benefits and filing claims. It can be downloaded from www.colorado.gov/CDLE   or at http://www.colorado.gov/cs/Satellite?c=Page&childpagename=CDLE-WorkComp%...

Notice WC50—Notice to Employer of Injury—advises employees that they must provide written notice of any injury to their employer within four working days and that their benefits may be reduced if the injury results from the employee’s use of alcohol or controlled substances. It is also available at www.colorado.gov/CDLE, click on “Workers’ Compensation-Official Forms, Publications and Interpretive Bulletins-Forms by Number”.

Colorado Minimum Wage

The Colorado Minimum Wage Order Number 26, effective January 1, 2010, regulates wages, hours, working conditions, and procedures for certain employers and employees in Colorado. Employers covered by the Wage Order must display a Wage Order poster in an area frequented by employees during the workday. Minimum Wage Order Number 26 does not apply to public sector employers, so special districts do not need to display this poster.

Payday Notice

Section 8-4-107, C.R.S., requires certain employers to post a notice specifying the regular paydays and the time and place of payment, and any changes thereto. This posting requirement does not apply to public employers, including districts.

Poster Display

Workplace posters must be hung where employees can readily see them, for example in accessible, well lighted areas such as lunchrooms and near time clocks or drinking fountains. Several of the notices discussed above must also be visible to job applicants, so consider posting those in interview rooms, in lobbies, and in other areas visible to visitors. If using bulletin boards, make sure that your legally required workplace posters don’t get covered up by new announcements and the like. Separate facilities require their own set of posters and notices.

This article has attempted to cover several current federal and state employment poster requirements, however it is beyond the scope of this article to cover every detail in this area. As explained above, public employers are exempt from some posting requirements, but others apply. Sometimes it depends on the size of your workforce. Please consult with competent legal counsel for your district to ensure legal compliance.

Note: SDA appreciates the assistance of Rick Fuller, Administrative Counsel, Hyland Hills Park and Recreation District, for his assistance in researching and reviewing this article.