Federal Contractors: Posting Requirement Stands
A challenge opposing a pro-union workplace posting lost in U.S. District Court.
[wc_divider style=”dotted” line=”single” margin_top=”” margin_bottom=””]President Obama issued Executive Order 13496 in 2009, which prompted the U.S. Department of Labor to release a new workplace posting for Federal contractors, Employee Rights Under the National Labor Relations Act. The posting reminds employees of contractors with contracts from the Federal government valued at $100,000 or more that they have the right to organize a union and use collective bargaining.
Two groups representing Federal contractors took the posting and its rule to court and lost.
The National Association of Manufacturers and Virginia Manufacturers Association argued that the regulations compelled speech in violation of the First Amendment and that the President and Department of Labor lacked the authority to issue the rule (Civil No. 1:13-cv-01998).
On the first charge, the trade group representatives argued that employers would be forced to communicate a pro-union message to workers, even if participating companies held other opinions about unions. The Court, however, determined that:
“…the Posting Rule does not require a contractor to speak at all. Rather, the contractor is required to host government speech as a condition of receipt of a federal contract. That, of course, presents a contractor with a choice—agree to post the Notice or forgo federal contracting.”
Government contractors and subcontractors involved in Federal contracts valued at $100,000 or more are required to post the notice:
“…in conspicuous places in and about [their] plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically.” [29 C.F.R. § 471, Subpt. A, App. A.]
Contractors covered by the rule who fail to display the posting risk having their contracts with Federal agencies cancelled.
Employers may recall the NLRB posting debacle of 2011 wherein the Board tried issuing a posting required for U.S. employers. Two different Courts ruled they lacked both the authority to issue posting requirements and the power of enforcement.
In the more recent case of E.O. 13496, however, the combined authority of President Obama and the DOL make for power only the Wonder Twins could dream of.
San Francisco 2015 Minimum Wage Increase
San Francisco employers must pay workers at least $12.25 per hour beginning May 1, 2015.
[wc_divider style=”dotted” line=”single” margin_top=”” margin_bottom=””]Voters passed Proposition J in November 2014, raising the minimum wage to $15.00 by 2018 in scheduled increases. Beginning in 2019, the San Francisco minimum wage rate will be adjusted annually based on changes to the Consumer Price Index (CPI).
San Francisco Minimum Wage Increase Schedule
The San Francisco minimum wage will increase according to the following schedule:
| Effective Date | Minimum Wage Rate |
| 5/1/2015 | $12.25 |
| 7/1/2016 | $13.00 |
| 7/1/2017 | $14.00 |
| 7/1/2018 | $15.00 |
| July 1 2019 and beyond | CPI Increase |
San Francisco Minimum Wage Notice and Posting Requirements
The San Francisco Minimum Wage Ordinance (MWO) requires every employer to post notices in English, Spanish, Chinese and:
“…in and any other language spoken by at least five percent of the Employees at the workplace or job site.”
Employers must also provide each employee the employer’s name, address and telephone number in writing at the time of hire.
The San Francisco Office of Labor Standards Enforcement is authorized to fine employers $500 for each instance of failing to post or failing to provide the employer’s contact information in writing.
San Francisco Compliance Posters
Subscribers to GovDocs labor law news can take an additional 20% off of their purchase of the GovDocs San Francisco City Posting Compliance Package by using coupon code BLOG20. The package contains the new San Francisco 2015 Minimum Wage posting and other postings required for San Francisco employers:
- San Francisco Minimum Wage (6-Language version)
- San Francisco Paid Sick Leave (6-Language version)
- San Francisco No Smoking
- San Francisco Health Care Security Ordinance (6-Language version)
- San Francisco Family Friendly Workplace (6-Language version)
- San Francisco Fair Chance Ordinance posting
- San Francisco Employment Discrimination is Against the Law
GovDocs City Posting Coverage
San Francisco is just one of more than 40 cities in the U.S. that issues postings required or recommended for employers. Thanks to the nationwide trend of tying minimum wage rates to cost-of-living adjustments (like in San Francisco beginning 2019), more and more workplace postings require frequent replacement.
For large employers (businesses with 50 or more locations), GovDocs suggests using an automatic compliance program to ensure uninterrupted posting coverage for all your employees. Request a price quote from GovDocs today.
[wc_divider style=”dashed” line=”single” margin_top=”” margin_bottom=””] [wc_divider style=”solid” line=”single” margin_top=”” margin_bottom=””]Arizona 2015 Minimum Wage Increase
The Industrial Commission of Arizona (ICA) announced an increase of Arizona’s minimum wage to $8.05 per hour effective January 1, 2015. The $0.15 raise is a 1.9 percent increase over the 2014 rate of $7.90 per hour affecting more than 24,000 Arizona minimum wage workers.
The ICA administers and enforces the State’s minimum wage
Arizona Tipped Workers Minimum Wage
Employees who are tipped earn a base rate of $5.05 per hour thanks to a $3 tip credit.
Tipped workers include people who customarily receives tips, typically in the restaurant, hospitality, and personal services industries:
- Food servers
- Bussers
- Bartenders
- Bellhops / Valets
- Car wash attendants
- Hairdressers / Barbers
Arizona Annual Minimum Wage Calculation
Arizona’s minimum wage can be adjusted annually based on increases in the cost of living based on the Consumer Price Index (CPI). Any adjustments to the Arizona minimum wage are rounded to the nearest nickel (five-cent increments).
Arizona is one of 10 states in the U.S. that indexes the minimum wage to adjust to the cost of living:
- Arizona
- Colorado
- Florida
- Missouri
- Montana
- Nevada
- Ohio
- Oregon
- Vermont
- Washington
History of Arizona Minimum Wage
The State enacted the Arizona Minimum Wage Act (Proposition 202) in 2006 after a successful ballot measure. The table below shows Arizona’s minimum wage rates since 2006 and the percentage of increase for each year, if any.
| Year | Minimum Wage | % Change |
| 2006 | $5.15* | NA |
| 2007 | $6.75 | 31.068% |
| 2008 | $6.90 | 2.222% |
| 2009 | $7.25 | 5.072% |
| 2010 | $7.25 | 0.000% |
| 2011 | $7.35 | 1.379% |
| 2012 | $7.65 | 4.082% |
| 2013 | $7.80 | 1.961% |
| 2014 | $7.90 | 1.282% |
| 2015 | $8.05 | 1.899% |
*Pre-indexed rate.
Arizona Minimum Wage Poster
Arizona employers are required to display the most current Arizona Minimum Wage Poster, which is included as part of GovDocs’ Arizona Workplace Poster Packages, along with other required postings:
- Unemployment Compensation
- Workers’ Compensation Insurance (Memo)
- Employee Safety & Health Protection
- Prohibition of Discrimination
- Work Exposure to Bodily Fluids
- Constructive Discharge
- Minimum Wage
- No Smoking Poster
- E-Verify
- Right to Work
- Work Exposure to MRSA, Spinal Meningitis, or TB
Arizona employers can save 20% off all workplace poster purchases using GovDocs coupon code 2015MIN.
Ohio 2015 Minimum Wage Increase Announced
The Ohio Department of Commerce announced the State’s 2015 minimum wage rate of $8.10 for non-tipped workers, which is effective January 1, 2015.
Ohio’s 2015 minimum wage gives low-wage earners an hourly boost of 15 cents over the 2014 rate of $7.95.
What is the Minimum Wage for Non-Tipped Workers in Ohio?
Ohio’s minimum wage rate for tipped employees increased to $4.05 per hour.
Which Employers are Required to Pay the Minimum Wage?
Ohio employers with annual gross receipts of more than $297,000 per year are required to pay employees at least the minimum wage.
Why Does the Ohio Minimum Wage Change So Often?
The Ohio minimum wage is adjusted annually to reflect fluctuations in the Consumer Price Index (CPI).
The 2015 minimum wage rate represents an 18 percent increase over the 2007 rate after voters amended the State Constitution (Issue 2) to index the minimum wage, meaning that if inflation increases, the rate will adjust to help offset the effect on low-wage workers.
Ohio minimum-wage workers have received an average increase of 16 cents each year in the past eight years to compensate for the rate of inflation.
Ohio Minimum Wage Poster
GovDocs provides the Ohio Minimum Wage posting and other posting required for Ohio workplaces as part of the GovDocs Ohio Workplace Poster Packages, which includes:
- Unemployment Insurance
- Minimum Wage
- Minor Labor Law
- Ohio Fair Employment Practices Law
- Rebuttable Presumption Law
- No Smoking
Ohio employers can save 20% off all workplace posters using the GovDocs coupon code 2015MIN.