
HR Solutions
Many federal employment laws require employers to post notices informing employees of their rights in areas of the workplace that are conspicuous and accessible to all employees. In addition to federal labor law posting requirements, most states have also enacted provisions requiring employers to post certain notices within their workplaces. Below is a summary of federal labor law posting requirements:
Federal Laws Requiring Notice Posting
- Age Discrimination in Employment Act (ADEA)
- Consolidated Omnibus Protection Act (COBRA)
- Americans with Disabilities Act (ADA)
- Davis-Bacon Act
- Employee Polygraph Protection Act (EPPA)
- Equal Pay Act (EPA)
- Executive Order 11246
- Executive Order 13201
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- Genetic Information Nondiscrimination Act (GINA)
- Occupational Safety and Health Act (OSHA)
- National Labor Relations Act
- Rehabilitation Act
- Service Contract Act
- Title VII of the Civil Rights Act of 1964
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Vietnam-Era Veterans' Readjustment Assistance Act (VEVRAA)
- Walsh-Healey Act
Federal Posting Requirements
- Employers engaged in interstate commerce; state and local governments, federal employees, employment agencies, and labor organizations with 20 or more members:
- Consolidated Omnibus Protection Act (COBRA) Job Loss Poster (This notice is optional but recommended)
- Employers engaged in interstate commerce; state and local governments, federal employees, employment agencies, and labor organizations with 25 or more members:
- Consolidated EEO "Equal Employment Opportunity Is the Law poster" “EEO Is the Law Poster Supplement” (this poster provides information regarding employee protections under:)
- Title VII of the Civil Rights Act of 1964
- The Americans With Disabilities Act of 1990
- The Age Discrimination in Employment Act of 1967
- The Equal Pay Act of 1963
- The Genetic Information Nondiscrimination Act of 2008
- Uniformed Services Employment and Reemployment Rights Act of 1994 (Non-Federal Employers)
- Uniformed Services Employment and Reemployment Rights Act of 1994 (Federal Employers)
- Fair Labor Standards Act --Notice to Employees (English) (Spanish) (Chinese)
- National Labor Relations Act (English) (Spanish) (Chinese) (Hmong) (Laotian) (Vietnamese)
- Occupational Safety and Health Act --OSHA Job Safety & Health Protection Poster (English) (Spanish)
- Employee Polygraph Protection Act of 1988 --Notice (English) (Spanish)
- Private employers with 50 or more employees and public employers:
- Family and Medical Leave Act of 1993
Medical Plans Compliance Items
As an employer, if you offer a group medical plan the following items must be distributed to all employees enrolled in your medical plan. Many of these items are typically included in the medical SPD that is provided by your insurance company or TPA.
- Qualified Medical Child Support Order (QMCSO)
- Special Enrollment Rights Under the Health Insurance Portability & Accountability Act (HIPAA)
- Coverage of Students on Medically Necessary Leave of Absence (Michelle’s Law)
- Effect of Section 125 Tax Regulations on This Plan
- Eligibility for Coverage for Adopted Children
- Federal Tax Implications for Dependent Coverage
- Coverage for Maternity Hospital Stay
- Women’s Health and Cancer Rights Act (WHCRA)
- Group Plan Coverage Instead of Medicaid
- Obtaining a Certificate of Creditable Coverage Under This Plan
- Requirements of Medical Leave Act of 1993 (as amended) (FMLA)
- Uniformed Services Employment and Re-Employment Rights Act of 1994 (USERRA)
HIPPA Privacy Notices and 3-year Reminder
HIPAA's privacy rules require a plan to amend its notice when a material revision is made to its privacy practices. This updated notice must be sent to participants within 60 days. An update may be in order if, for example, the employer has made changes to health plan administration that affects the privacy policies, or has added new health plan coverages or a wellness program after the initial privacy notice was provided. Health and Human Services has advised that a covered entity must revise and reissue its privacy notice when there has been a material change to an applicable state privacy law. In addition, employers are required to remind participants about the privacy notice, and how to obtain it, at least once every three years. The first reminder was required to be sent to participants by April 14, 2006, for large health plans or by April 14, 2007, for small health plans. For large health plans, the next reminder must be provided by April 14, 2009. Health and Human Services has clarified that this requirement may be met by providing the full privacy notice once every three years, issuing a brief reminder notice or even by providing the reminder in a newsletter. Covered entities often will attempt to comply with privacy notice requirements by including the privacy notice, or information about the notice, as part of open enrollment materials or summary plan descriptions. However, covered entities should be aware that HIPAA’s rules regarding distribution of privacy notices are typically more stringent than requirements for other types of plan notices. Therefore, such notifications may not have been made in accordance with HIPAA requirements.
COBRA General Notice
The General Notice “shall be furnished to each employee and each employee’s spouse, not later than the earlier of:
(i) The date that is 90 days after the date on which such individual’s coverage under the plan commences … or
(ii) The first date on which the administrator is required … to furnish the employee, spouse, or dependent child of such employee notice of a qualified beneficiary’s right to elect continuation coverage.”
(i) The date that is 90 days after the date on which such individual’s coverage under the plan commences … or
(ii) The first date on which the administrator is required … to furnish the employee, spouse, or dependent child of such employee notice of a qualified beneficiary’s right to elect continuation coverage.”