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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
E-Verify Requirement for All U.S. Employers? To Be Determined.
U.S. Border Patrol agent detains suspected illegal immigrant along the U.S.-Mexican border.
All employers in the U.S. may be required to participate in the E-Verify employment eligibility program if immigration legislation passes.
In the Border Security, Economic Opportunity, and Immigration Modernization Act, senators known as the “gang of eight” are proposing actions for the federal government to bolster its Comprehensive Southern Border Security Strategy overseen by the Department of Homeland Security.
If the Bill were to be enacted, all employers would need to check each job applicant’s employment eligibility through the online E-Verify system.
According to a Wall Street Journal poll, 60% of American small-business owners believe every employer should have to comply with the E-Verify system to verify workers’ legal status.
E-Verify is an online system where employers confirm the legal working status of new hires by linking to federal databases. The program is overseen by the U.S. Citizenship and Immigration Services (USCIS) in conjunction with the Social Security Administration (SSA).
GovDocs offers the E-Verify posting and the Federal Right to Work posting on a convenient “on one” format in both English and Spanish. Order here.
What’s Next for the E-Verify Legislation?
Debate on the $5.5 billion Bill is scheduled for Friday, April 19, 2013, when the Senate Judiciary Committee will hold its first hearing. The bipartisan “gang of eight” senators anticipate active opposition. One of the gang of eight, Sen. John McCain (R-Ariz.), said the gang pledges to oppose any effort to undermine the legislation.
Other Provisions of the Bill
- Sets goal of preventing 90 percent of illegal border crossing between the U.S. and Mexico.
- $1.5 billion allocated for full-border fencing.
- Full surveillance of the entire U.S.-Mexico border using unmanned drone aircraft and other technology.
- Moving to merit-based visas based on work history or occupational skill level as opposed to visas granted on familial relationships.
- Undocumented immigrants able to apply for registered provisional immigrant status.
- Immigrants would be unable to receive lawful permanent residence for 10 years after obtaining provisional status.
- Bars anyone who arrived in the U.S. after Dec. 31, 2011, from applying for legal status and ultimately citizenship.
- Applicants for legal status must document that they were in the country before Dec. 31, 2011, have a clean criminal record, and demonstrate financial stability.