Employers: Required Federal Postings for Job Applicants

All employers are required to display three federal postings visible to job applicants.

Are you missing a key component of posting compliance in your business?

Depending on how your company manages job applicants, you may be missing three required Federal labor law postings that must be accessible to job applicants:

  • Equal Employment Opportunity is the Law
  • Family and Medical Leave Act (FMLA)
  • Employee Polygraph Protection Act (EPPA)

The ubiquitous requirement for “conspicuous location” comes into play here. If your labor law postings are in an area not accessible to job applicants, that location would not satisfy the conspicuous location requirement.

For example, many companies display workplace postings in break rooms or on bulletin boards next to time clocks, or in manager’s offices. But if an applicant never makes it past the reception area into area where posters are displayed, then the postings are not in a conspicuous location for applicants.

How to Meet Federal Requirements for Applicant Postings

  • Determine where applicants typically fill in and/or submit job applications at a physical location.
  • Determine if labor law posters are visible and accessible (in other words, “readable”) for job applicants.
  • If not, display the three required postings.

GovDocs offers a convenient 3-on-1 laminated posters containing the required postings for applicants. Subscribers to this blog can save 20% on all compliance poster purchases, including the GovDocs Federal Applicant poster, using coupon code BLOG20.

Focus on EEO is the Law Posting for Job Applicants

For the EEO is the Law posting, employers are encouraged to post the electronic notice on their web sites in a conspicuous location. However, electronic posting does not fulfill the obligation to physically post the required information.

Additionally, physical versions must be visible and accessible to applicants and employees with disabilities that limit mobility.

E-Verify and Right-to-Work Applicant Posting Requirements

If not, display the three required postings. If your locations participate in the E-Verify program, your participating locations will have to display the E-Verify postings “in a location that is clearly visible to any employees and applicants who will have their employment eligibility verified with E-Verify.” The posting must be displayed in English and Spanish.

Where poster display is not feasible, the employer must provide all applicants with copies of the E-Verify notices in English and Spanish with application materials.

Want Even More Information About Federal Posting Requirements?

Download the free GovDocs Federal Posting Guide to learn more about Federal postings. The Guide describes each Federal posting’s content, for whom it’s required, and the posting requirements. The Federal Posting Guide includes guidance for:

  • Postings Required for All Employers
  • Postings for Applicants
  • Federal Contractor Postings
  • Federal Construction / Transportation Projects
  • Postings by Industry / Worker Classification

NYC Credit Check off the Table for Employers

Employers in New York City will not be able to perform consumer credit background checks on job applicants.

New York City amended the City’s Human Rights Law to make it illegal for employers or third-party agencies to request a credit check or to use information from a credit check to assess job applicants. The amendment (0261-2014) takes effect September 3, 2015.

Mayor Bill de Blasio said the amendment will give NYC job applicants “a fair shot”.

“This bill will remove a barrier to employment and ensure that people are judged on their merits and ability, rather than unrelated factors.”

Which Parts of a NYC Applicant’s Credit History Are Off Limits?

The new amendment makes it illegal for employers to request information about applicants’ credit, including:

  • Credit score
  • Credit limit
  • Payment history
  • Number of credit accounts
  • Late or missed payments
  • Charged-off debts
  • Items in collections
  • Prior credit report inquiries
  • Bankruptcies, judgments or liens

Which Jobs Are Excluded from the NYC Credit Check Ban?

Certain types of positions are excluded from the amendment’s provisions.

  • Police officers or persons involved in a position with a law enforcement or investigative function at the department of investigation.
  • Government-appointed positions that involve “a high degree of public trust”.
  • Positions requiring to be bonded under City, state or federal law.
  • Roles requiring security clearance under federal law or the law of any state.
  • Non-clerical positions having regular access to trade secrets, intelligence information or national security information.
  • Positions with signatory authority over third party funds or assets valued at $10,000 or more or that involve a fiduciary responsibility to the employer with the authority to enter financial agreements valued at $10,000 or more on behalf of the employer.
  • Digital security systems positions established to prevent the unauthorized use of the employer’s or client’s networks or databases.

Employers may still request or receive consumer credit history information pursuant to a lawful subpoena, court order or law enforcement investigation under the new amendment.

Which Companies Use Credit Background Checks?

Forty-seven percent of companies perform credit background checks according to a 2012 survey performed by the Society of Human Resources Management (SHRM). Of those, 45 percent of respondents cited theft reduction as the number one reason for using credit background checks, a percentage down from 54 percent in 2010.

The NYC ban on credit background checks and the bans imposed by states like California and Illinois will force employers with locations nationwide to tighten their applicant screening process.

Which States Ban Credit Background Checks for Job Screening?

Currently 11 states in the U.S. ban the use of credit reports for job applicant screening by most employers.

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Maryland
  • Nevada
  • Oregon
  • Vermont
  • Washington

About GovDocs

New York City is one more than 50 cities that GovDocs monitors for labor law changes affecting the posting compliance of large employers. We provide ongoing coverage at the City, State, and Federal level for North America’s largest employers and help them reduce unnecessary spending on labor law postings and logistics.

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Criminal Record No Barrier to State Jobs in Georgia

Georgia Governor’s Executive Order “Bans the Box” for State Jobs.

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Georgia Governor Nathan Deal issued an Executive Order that prohibits state agencies from eliminating candidates from hiring consideration based solely on criminal background. Georgia state agencies will adjust hiring practices so that the application and interview process encourages full participation of qualified persons, regardless of their criminal history.

U.S. States that Ban the Box

Although Georgia’s “ban the box” effort doesn’t extend to private workplaces, the move signals a nationwide effort to adjust hiring practices to consider applicants who may have criminal backgrounds. In the U.S., 100 cities and counties have adopted “ban the box” legislation to provide applicants a fair chance by removing the conviction history question on the job application and delaying the background check inquiry until later in the hiring. Georgia joins thirteen other States “ban the box”, including:

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  • California (2013, 2010)
  • Colorado (2012)
  • Connecticut (2010)
  • Delaware (2014)
  • Georgia (2015)
  • Hawaii (1998)
  • Illinois (2014, 2013)
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  • Maryland (2013)
  • Massachusetts (2010)
  • Minnesota (2013, 2009)
  • Nebraska (2014)
  • New Jersey (2014)
  • New Mexico (2010)
  • Rhode Island (2013)
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The Georgia “Ban the Box” Executive Order would be good news for Georgia-born Prettyboy Floyd (Charles Floyd) if he were: a). alive, and b). in the market for a job in Georgia state government. Prettyboy who was born in Adairsville, Georgia. After Johnny Law plugged John Dillinger in 1934, Prettyboy Floyd became Public Enemy No. 1. He was skilled in payroll and transportation, but he wasn’t much of a bookkeeper.

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New Jersey Bans the Box: Criminal Background Checks

The New Jersey legislature passed The Opportunity to Compete Act (S-2500) to prohibit employers from performing criminal background checks and asking applicants about criminal records until after an initial interview.

The Bill now awaits signature by Governor Chris Christie.

What Ban the Box Means for New Jersey Employers

  • Job Advertisements: Employers cannot set requirements for job applicants in job ads that would screen out applicants with criminal records.
  • Job Applications: Employers won’t be able to include questions about applicants’ criminal record on job applications.
  • Initial Interviews: Employers are not allowed to “make any oral or written inquiry regarding an applicant’s criminal record during the initial employment application process,” but if job applicants voluntarily reveal information about criminal records, employers may then ask further questions about the applicants’ criminal records.

New Jersey’s Commissioner of Labor and Workforce Development will enforce the law, fining any employer who violates the Act up to $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation.

The Act does not reference a required posting for New Jersey employers, but the GovDocs Research Department will continue to monitor New Jersey for updates.

Ban the Box Gains Momentum in U.S.

New Jersey joins 12 other states who have passed similar Ban the Box laws. Additionally, nearly 70 cities and counties (such as New Jersey’s own Atlantic City and Newark) have passed ordinances designed to allow job applicants with a criminal record a second chance.