Attorney Answers Regarding Federal Contractor Posting Requirements
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Attorney Answers Regarding Federal Contractor Posting Requirements

12/23/2016
Federal contractor posting requirements change often and can be confusing. Here are legal answers to labor law poster questions most contractors may have.

Ashley Kaplan, Esq., who heads up the expert legal team for Poster Guard Compliance Protection, answers questions about federal contractor posting requirements. Read on to find out what our customers are asking regarding the requirements for this type of employer.

Q: If all our job applicants apply online, does the E-Verify poster need to be available at our online application website?

Ashley: If you only interview applicants by phone and everyone applies electronically, the U.S. Department of Labor recommends placing a prominent notice on your website where the job postings are listed stating that ”Applicants have rights under Federal and State Employment Laws“ and provide a link to the required labor law posters, including the E-Verify and Right to Work posters.

However, if you interview any job applicants at your location, you must display physical postings. Also, the labor law posters still have to be displayed in locations accessible to all of your existing employees as well. Federal employment laws require that additional posters be displayed prominently where job applicants as well as employees will see them. The Equal Employment Opportunity is the Law (EEO), FMLA, USERRA and EPPA notices must all be displayed for applicants as well as employees.

Q: Does the E-Verify posting required for fed contractors need to be in any other language other than English?

Ashley: Federal contractors must display English and Spanish versions of the E-Verify and Right to Work posters.

Q: I operate a private business on government property and am not allowed to display posters because the property is government-owned. What are my obligations?

Ashley: If you are operating a private business on government property, you still must notify your employees of their employment rights. If you can’t post physical posters, you should consider a posting service that provides electronic postings to any workers with Internet access. Workers can download, view and acknowledge receipt of all required postings, which satisfies your good-faith effort to communicate their rights, as covered in the mandatory federal and state notices. The entity that operates in the facility also should post the required notices for its own employees, but it is your obligation to provide the information to your employees either way.

Q: Because financial institutions are considered federal contractors, are banks required to display the E-Verify posting?

Ashley: As a bank, you are most likely required, at minimum, to post the National Labor Relations Act (NLRA) poster and possibly the E-Verify and Right to Work posters. Generally, you are required to post the E-Verify and Right to Work posters if you have a government contract that contains an E-Verify clause. Voluntary E-Verify participants and all employers in certain states also must post.

As a reminder, you also may be required to post other federal contractor posters if you have a federal government contracts that specifically fall under the definition of a covered contract under various federal laws. There are currently 12 postings required for most federal contractors. We offer them individually or as an all-inclusive service with all 12 postings.

Q: Our federal contract doesn’t have the E-Verify requirement. If I hire a new employee, do I need to enroll in E-Verify?

Ashley: You are required to use and post the E-Verify and Right to Work posters if you have a government contract that contains an E-Verify clause, if you are in a state that requires the use of E-Verify, or you are a voluntary E-Verify participant. The E-Verify Federal Contractor rule requires that the FAR E-Verify clause be added to applicable federal contracts issued on or after September 8, 2009. The clause is a term in the contract in which federal contractors commit to use E-Verify to verify that all of their new hires and all employees (existing and new) assigned to a federal contract are authorized to work in the United States.

Q: We are a construction company that has federal contracts. What are the posting requirements for the job boards located on the jobsite?

Ashley: If your company has contracts with the federal government, you must display specific employee notices. Most federal contractors in the construction industry are required to post up to 14 postings.