KNOW YOUR RIGHTS IN THE WORKPLACE...Proposed Penalty Employees or their representatives have the...
Transcript of KNOW YOUR RIGHTS IN THE WORKPLACE...Proposed Penalty Employees or their representatives have the...
KNOW YOUR RIGHTS IN THE WORKPLACE
VIRGINIA & FEDERALPRINTABLE LABOR LAWS
For more information please call 1-800-745-9970
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VIRGINIA PRINTABLE LABOR LAW GUIDE
Thank you for choosing LaborLawCenter™ to meet compliance regulations for you and your remote workers!
This guide covers: •RemoteWorkerUse •PrintingtheLaborLawPosters •SendingCustomizedAcknowledgmentAgreements
How to UseThe mandated state and federal labor law posters that all employees must be informed of are located in this document.Stateposternamesareinredandfederalposternamesareinblue.
Your remote workers can reference these laws anytime by saving the file to their desktop or printing the individual posters.
NOTE:Eachnoticeisformattedaccordingtostateorfederalregulations,suchasfontsize,postingsize,colorandlayout. To be in compliance when printing the posters, do not scale.
How to Print the Individual NoticesLocated at the bottom, right-hand corner on each poster is theprinticon.Therequiredprintsizefromtheregulating agency is listed next to the icon. Click on the icon to open the‘Print’windowandproceed.
Look For This Button
NOTE:Signedacknowledgmentsshouldbestoredsecurelybytheadministrator.Thatagreementistheonlyelectronic acknowledgment copy for your records. LaborLawCenter™ does not store or keep on file your records.
Fill In CommentsHow to Customize and Send the Acknowledgment AgreementThelastpageofthisdocumentincludesa‘SignatureAcknowledgment’.Asignedacknowledgementagreementis important to keep in employee records to show that each remote worker has been informed of their rights in case of labor disputes or lawsuits.
Before sending to your remote worker, you must complete the “Comments” field with:
•Thereply-toemailaddressoraddressesthatthe remote worker should send the signed acknowledgement to
•Additionalinformationyourbusinessrequires,such as the Employee Identification Number or where to post instructions
Each remote worker must complete the “Employee Name” and“DateReceived”fieldsbeforesendingback.
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UNEMPLOYMENT INSURANCE
NOTICE TO WORKERS
Every day many unemployed workers tell us that unemployment insurance is due them “because they have paid for it.” This is not true in Virginia. There are no deductions from your paycheck for unemployment insurance.Employers’taxesaredepositedinatrustfundfromwhichunemploymentinsurancebenefitsarepaid.DonotconfuseunemploymentinsurancewithOldAgeandSurvivorsInsurancetowhichbothyouandyour employer contribute.
YOU MAY APPLY FOR UNEMPLOYMENT INSURANCE BENEFITS IF: •Youaretotallyunemployed,or •Youareworkingatreducedwagesandhours,
IF TOTALLY UNEMPLOYED, ON A TEMPORARY LAYOFF, OR IF WORKING REDUCED HOURS:The first week you are unemployed, register for work and file a claim for benefits. You can file your claim online at www.vec.virginia.gov or by calling our Customer Contact Center at 1-866-832-2363. If you are totally unemployed you must register for work online at www.vawc.virginia.gov.
TO BE ELIGIBLE FOR BENEFITS, THE LAW REQUIRES THAT YOU: •FileaclaimwiththeVirginiaEmploymentCommission. •Have earned sufficient wages from employers who are subject to the Virginia Unemployment
CompensationActoranyotherStatewithinyourBasePeriod. •Mustbeunemployedthroughnofaultofyourown. •Mustbeableandavailabletoworkandmakinganactivesearchforwork. •ContinuetoreportasinstructedbytheVirginiaEmploymentCommission.
You cannot be paid unemployment benefits until you have filed your claim and have met all of the eligibility requirements. To speed payment of benefits, you should file your claim as soon as you become unemployed or your hours are reduced. If you have any questions about your rights and responsibilities under the Virginia Unemployment Compensation Act, visit our website, www.vec.virginia.gov or call our Customer Contact Center at 1-866-832-2363.
THE LAW REQUIRES EMPLOYERS TO POST THIS NOTICE IN A PLACE VISIBLE TO ALL WORKERS.AnEqualOpportunityEmployer/Program
Auxiliaryaidsandservicesareavailableuponrequesttoindividualswithdisabilities.ThisnoticeisavailableinSpanish.Directrequeststo:
EmployerAccountsUnitPOBox1358Richmond,VA23218-1358
VEC-B-29(4/15)
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OCCUPATIONAL SAFETY AND HEALTH PROTECTION
If upon inspection VOSH believes an employer has violated the Law, a citation alleging suchviolations will be issued to the employer. Each citation will specify a time period within which the alleged violation must be corrected.
TheVOSHcitationmustbeprominentlydisplayedatorneartheplaceofallegedviolationforthreedays or until the violation is corrected, whichever is later, to warn employees of dangers that may exist there.
Citation
Each employer shall furnish to each of his employees employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious harm to hisemployees, and shall comply with occupational safety and health standards issued under the law.
Employers
Each employee shall comply with all occupational safety and health standards, rules, regulations and ordersissuedundertheLawthatapplytohisownactionsandconductonthejob
Employees
The Law requires that a representative of the employer and a representative authorizedby theemployeesbegivenanopportunitytoaccompanytheVOSHinspectorforthepurposeofaidingthe inspection.
Where there isnoauthorizedemployee representative, theVOSH inspectormustconsultwithareasonable number of employees concerning safety and health conditions in the workplace.
Inspection
THEVIRGINIAOCCUPATIONALSAFETYANDHEALTH(VOSH)LAW,BYAUTHORITYOFTITLE40.1OFTHELABORLAWSOFVIRGINIA,PROVIDESJOBSAFETYANDHEALTHPROTECTIONFORWORKERS. THE PURPOSE OF THE LAW IS TO ASSURE SAFE AND HEALTHFULWORKING CONDITIONSTHROUGHOUTTHE STATE. THEVIRGINIA SAFETY AND HEALTH CODES BOARDPROMULGATESANDADOPTSJOBSAFETYANDHEALTHSTANDARDS,ANDEMPLOYERSANDEMPLOYEESAREREQUIREDTOCOMPLYWITHTHESESTANDARDS.THESESTANDARDSMAYBEFOUND AT THE FOLLOWINGWEB ADDRESS: http://www.doli.virginia.gov/doli_regulations/doli_regulations.html. YOU MAY ALSO CONTACT THE DEPARTMENT OF LABOR ANDINDUSTRYOFFICESLISTEDBELOWTORECEIVEPRINTEDCOPIESOFTHEVIRGINIAUNIQUESTANDARDSANDOBTAINTHENAMESOFPUBLISHERSOFTHEFEDERALIDENTICALSTANDARDS.
Job Safety and Health ProtectionVIRGINIA DEPARTMENT OF LABOR AND INDUSTRY
The Law provides for mandatory penalties against private sector employers of up to $12,471 for
Proposed Penalty
EmployeesortheirrepresentativeshavetherighttofileacomplaintwiththenearestVOSHofficerequesting an inspection if they believe unsafe or unhealthy conditions exist in their workplace. VOSHwillwithhold,onrequest,namesofemployeesfilingcomplaints.Complaintsmaybemadeat the Department of Labor and Industry addresses shown below.
Discrimination
It is illegal to retaliate against an employee for using any of their right under the law, including raising asafetyorhealthconcernwiththeemployerorVOSH,orreportingawork-relatedinjuryorilness.
Anemployeewhobelievestheyhavebeendiscriminatedagainstforexercisingtheirrightsunderthe Law, may file a complaint with the Commissioner of the Virginia Department of Labor and Industrywithin60daysoftheallegeddiscrimination.
Complaints About State Plan Administration: Any person may complain to the RegionalAdministrator of OSHA (address below) concerning the Administration of the State Safety andHealthProgram.
CASPA
TheVOSHprogramshallapplytoallpublicandprivatesectorbusinesses intheStateexceptforFederalagencies,businessesundertheAtomicEnergyAct,railroadrollingstockandtracks,certainFederalenclaves,andbusinessescoveredbytheFederalMaritimejurisdiction
State Coverage
Voluntary efforts by the employer to assure its workplace is in compliance with the Law are encouraged. Voluntary Safety and Health Consultation and Training Programs exist to assistemployers. These services may be obtained by contacting the Virginia Department of Labor and Industry addresses
Voluntary Activity
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OCCUPATIONAL SAFETY AND HEALTH PROTECTION (Continued)
Employers now have a new system for tracking workplace injuries and illnesses. OSHA’s newrecordkeeping log (Form 300)is simpler to understand and use. Using a question and answerformat,therevisedrecordkeepingruleprovidesguidanceforrecordingoccupationalinjuriesandillnessesandexplainshowtoclassifyspecificcases.Smalleremployers(fewerthan10employees)are exempt frommost requirements.To see if your industry is partially exempt, visit theOSHAWebsiteatwww.osha.gov/recordkeeping/pub3169text.html.
Recordkeeping
It is illegal to retaliate against and employee for using any of their right under the law, includingraisingasafetyorhealthconcernwiththeemployerorVOSH,orreportingawork-relatedinjuryorilness.
Accident Reporting
EMPLOYERS:THISPOSTERMUSTBEDISPLAYEDINAPROMINENTPLACEINTHEESTABLISHMENTTOWHICHYOUREMPLOYEESNORMALLYREPORTTOWORK.July,2017
VIRGINIA DEPARTMENT OFLABOR AND INDUSTRY
MainStreetCentre600EastMainStreet,Suite207Richmond,Virginia23219.VOICE(804)371-2327FAX(804)371–6524
http://www.doli.virginia.gov
U.S. Department of LaborOSHA Regional Administrator
The Curtis Center, STE 740 West170 South Independence Mall West
Philadelphia, PA 19106-3309(215) 861-4900
OCCUPATIONAL SAFETY AND HEALTH OFFICE LOCATIONSHeadquartersMainStreetCentre600EastMainStreet,Suite207,Richmond,Virginia23219.(804)371-2327
CentralVirginia/RichmondNorthRunBusinessPark1570EastParhamRoadRichmond,VA23228(804)371-3104
NorthernVirginia/Manassas10515BattleviewParkwayManassas,VA20109(703)392-0900
Tidewater/Norfolk6363 Center DriveBuilding6,Suite101Norfolk,VA23502(757)455-0891
Southwest/RoanokeBrammer Village3013PetersCreekRoadRoanoke,VA24019(540)562-3580
AbingdonTheJohnsonCenter468EastMainStreet,Suite114,Abingdon,VA24210(276)676-5465
Lynchburg3704OldForestRoadSuiteBLynchburg,VA24501(434)385-0806
VeronaP.O.Box772201LeeHighwayVerona,VA24482(540)248-9280
C.RayDavenportCommissioner
RYVIRGINIA DEPARTMENT OF
LABOR AND INDUST
VIRGINIA SAFETY AND HEALTH CODES BOARD
each serious violation and foroptionalpenaltiesofup to$12,471 for eachother–than–seriousviolation. Penalties of up to $12,471 per daymay be proposed for failure to correct violationswithintheproposedtimeperiod.Also,anyemployerwhowillfullyorrepeatedlyviolatestheLawmaybeassessedpenaltiesofupto$124,709foreachsuchviolation.
PublicSectoremployers,alldepartments,agencies,institutionsorotherpoliticalsubdivisionsofthe Commonwealth, are exempt from the penalty provisions of this Law.
CriminalpenaltiesarealsoprovidedforintheLaw.Anywillfulviolationresultinginthedeathofan employee is punishable, upon conviction, by a fine of not more than $70,000 or byimprisonmentfornotmorethansixmonths,orbyboth.Subsequentconvictionofanemployerafter a first conviction doubles these maximum penalties.
Complaint
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WORKERS’ COMPENSATION
WORKERS’COMPENSATION NOTICE
THE EMPLOYEES OF THIS BUSINESS ARE COVERED BY THEVIRGINIA WORKERS’ COMPENSATION ACT. IN CASE OF INJURY
BY ACCIDENT OR NOTICE OF AN OCCUPATIONAL DISEASE:
THE EMPLOYEE SHOULD:
1. Immediatelygivenoticetotheemployer,inwriting,oftheinjuryoroccupationaldiseaseandthedateofaccidentor notice of the occupational disease.
2. PromptlygivetotheemployerandtotheVirginiaWorkers’CompensationCommissionnoticeofanyclaimforcompensationfortheperiodofdisabilitybeyondtheseventhdayaftertheaccident.Incaseoffatalinjuries,noticemust be given by one or more dependents of the deceased or by a person in their behalf.
3. In case of failure to reach an agreement with the employer in regard to compensation under the act, file applicationwiththeCommissionforahearingwithintwoyearsofthedateofaccidentalinjuryorfirstcommunication of the diagnosis of an occupational disease.
4. If medical treatment is anticipated for more than two years from the date of the accident and no award has been entered, the employee should file a claim with the Commission within two years from the date of the accident.
NOTE: Theemployer’sreportofaccidentisnotthefilingofaclaimfortheemployee.Thevoluntarypaymentofwagesor compensation during disability, or of medical expenses, does not affect the running of the time limitation for filing claims.Anawardbasedonavoluntaryagreementmustbeenteredoraclaimfiledwithintwoyears;oneyearindeathcases.
THE EMPLOYER SHOULD:
1. Atthetimeoftheaccident,givetheemployeethenamesofatleastthreephysiciansfromwhichtheemployeemay select the treating physician.
2. ReporttheinjurytotheCommissionthroughyourcarrierordirectlytotheCommission.
3. Accuratelydeterminetheemployee’saverageweeklywage,includingovertime,meals,uniforms,etc.
Questions may be answered by contacting the Commission.A booklet explaining the Workers’ Compensation Act is available without cost from:
THE VIRGINIA WORKERS’ COMPENSATION COMMISSION333E.FranklinSt
Richmond,Virginia232191-877-664-2566
www.workcomp.virginia.gov
EveryemployerwithintheoperationoftheVirginiaWorkers’CompensationActMUSTPOSTTHISNOTICEINACONSPICUOUSPLACEinhisplaceofbusiness.
FormVWC1
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DISCRIMINATION
VIRGINIA HUMAN RIGHTS ACTCode of Virginia - Title 2.2, Chapter 39
It is the policy of the Commonwealth of Virginia to:Safeguard all individuals within the Commonwealth from unlawful discrimination because of race, color,religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, or disability, in places ofpublicaccommodation,includingeducationalinstitutions,inrealestatetransactions,inemployment;topreservethepublicsafety,healthandgeneralwelfare;andtofurthertheinterests,rightsandprivilegesofindividualswithin the Commonwealth; and to protect citizens of the Commonwealth against unfoundedcharges of unlawful discrimination.
Unlawful Discriminatory Practice DefinedConductwhichviolatesanyVirginiaorFederalStatuteorregulationgoverningdiscriminationonthebasisofrace, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, or disability.
Complaints of possible violations of the Act may be filed with:
OFFICEOFTHEATTORNEYGENERALDivisionofHumanRights
202North9thStreetRichmond,Virginia23219
P:(804)225-2292;F:(804)225-3294
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EARNED INCOME TAX CREDIT
Important Message from the
TheEITCandtheotherrefundablecredits(CTCand/orAOTC) provide a boost to help pay your bills or save for a rainy day.
Just imagine what you could do with a tax refund.
Publication4718(Rev.11-2016)CatalogNumber52126HDepartmentoftheTreasuryInternalRevenueServicewww.irs.gov
See if you qualify.www.irs.gov/eitc
Life’s a little easier withLife’s a little’
you qualify for the EITC, you could get money back from the IRS. You must file a federal tax return to get the EITC and other refundable credits (Child Tax Credit, CTC
or American Opportunity Tax Credit, AOTC) even if you owe no tax or are not required to file. You may be eligible for the EITC, Earned Income Tax Credit,
Ifyouearnlessthan$53,505andyouhaveason,daughter,stepchild,fosterchild,brother,sister,halfbrother,halfsister, grandchild, niece, nephew, or adopted child living with you who is a qualifying child for the EITC.
– OR –
Ifyouearnlessthan$20,430andyou:• HavenoqualifyingchildfortheEITC,• Areatleastage25andunder65
For more information about other refundable credits see IRS.gov.
If
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The law requires employers to display this poster where employees can readily see it.
OVERTIME PAY Atleast1½timesyourregularrateofpayforallhoursworkedover40inaworkweek.
CHILD LABOR Anemployeemustbeatleast16yearsoldtoworkinmostnon-farmjobsandatleast18toworkinnon-farmjobsdeclaredhazardousbytheSecretaryofLabor.Youths14and15yearsoldmayworkoutsideschoolhoursinvariousnon-manufacturing,non-mining,non-hazardousjobswithcertainworkhoursrestrictions.Different rules apply in agricultural employment.
TIP CREDIT Employers of “tipped employees” who meet certain conditions may claim a partial wage credit based on tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour iftheyclaimatipcreditagainsttheirminimumwageobligation.Ifanemployee’stipscombinedwiththeemployer’scashwageofatleast$2.13perhourdonotequaltheminimumhourlywage,theemployermustmakeup the difference.
NURSING MOTHERS TheFLSArequiresemployerstoprovidereasonablebreaktimeforanursingmotheremployeewhoissubjecttotheFLSA’sovertimerequirementsinorderfortheemployeetoexpressbreastmilkforhernursingchildforoneyearafterthechild’sbirtheachtimesuchemployeehasaneedtoexpressbreastmilk.Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.
ENFORCEMENT The Department has authority to recover back wages and an equal amount in liquidated damages ininstancesofminimumwage,overtime,andotherviolations.TheDepartmentmaylitigateand/orrecommendcriminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of theFLSA’schildlaborprovisions.Heightenedcivilmoneypenaltiesmaybeassessedforeachchildlaborviolationthatresultsinthedeathorseriousinjuryofanyminoremployee,andsuchassessmentsmaybedoubledwhentheviolations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers whofileacomplaintorparticipateinanyproceedingundertheFLSA.
ADDITIONAL INFORMATION• Certainoccupationsandestablishmentsareexemptfromtheminimumwage,and/orovertimepayprovisions.• SpecialprovisionsapplytoworkersinAmericanSamoa,theCommonwealthoftheNorthernMarianaIslands,
andtheCommonwealthofPuertoRico.• Somestatelawsprovidegreateremployeeprotections;employersmustcomplywithboth.• Someemployersincorrectlyclassifyworkersas“independentcontractors”whentheyareactuallyemployees
undertheFLSA.Itisimportanttoknowthedifferencebetweenthetwobecauseemployees(unlessexempt)areentitledtotheFLSA’sminimumwageandovertimepayprotectionsandcorrectlyclassifiedindependentcontractors are not.
• Certainfull-timestudents,studentlearners,apprentices,andworkerswithdisabilitiesmaybepaidlessthantheminimum wage under special certificates issued by the Department of Labor.
EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT
BEGINNINGJULY 24, 2009
PER HOUR$7.25FEDERAL MINIMUM WAGE
WAGE AND HOUR DIVISIONUNITEDSTATESDEPARTMENTOFLABOR1-866-487-9243 TTY:1-877-889-5627
www.dol.gov/whd WH1088REV07/16
FEDERAL MINIMUM WAGE
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EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW
RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN TitleVIIof theCivilRightsActof1964,asamended,protectsapplicantsandemployeesfromdiscriminationinhiring,promotion,discharge,pay,fringebenefits,jobtraining,classification,referral, and other aspects of employment, on the basis of race, color, religion, sex(includingpregnancy),ornationalorigin.Religiousdiscriminationincludesfailingtoreasonablyaccommodateanemployee’sreligiouspracticeswheretheaccommodation does not impose undue hardship.DISABILITY TitleIandTitleVoftheAmericanswithDisabilitiesActof1990,asamended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training,classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship.AGE TheAgeDiscriminationinEmploymentActof1967,asamended,protectsapplicantsandemployees40yearsofageorolderfromdiscriminationbasedonageinhiring,promotion,discharge,pay,fringebenefits,jobtraining,classification,referral, and other aspects of employment.SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil RightsAct, asamended, theEqualPayActof1963,asamended,prohibits sexdiscrimination in the payment of wages to women and men performing substantiallyequalwork,injobsthatrequireequalskill,effort,andresponsibility,under similar working conditions, in the same establishment.
GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training,classification, referral, and other aspects of employment. GINA also restrictsemployers’ acquisition of genetic information and strictly limits disclosure ofgenetic information. Genetic information includes information about genetictests of applicants, employees, or their familymembers; themanifestation ofdiseasesordisordersinfamilymembers(familymedicalhistory);andrequestsforor receipt of genetic services by applicants, employees, or their family members.RETALIATION All of these Federal laws prohibit covered entities fromretaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED There are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discriminationissuspected:TheU.S.EqualEmploymentOpportunityCommission(EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-freeTTY number forindividualswithhearingimpairments).EEOCfieldofficeinformationisavailableat www.eeoc.gov or inmost telephone directories in the U.S. Government orFederal Government section. Additional information about EEOC, includinginformation about charge filing, is available at www.eeoc.gov.
PRIVATE EMPLOYERS, STATE AND LOCAL GOVERNMENTS, EDUCATIONAL INSTITUTIONS, EMPLOYMENT AGENCIES AND LABOR ORGANIZATIONS
Applicantstoandemployeesofmostprivateemployers,stateandlocalgovernments,educationalinstitutions,employmentagencies andlabororganizationsareprotectedunderFederallawfromdiscriminationonthefollowingbases:
EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTSApplicantstoandemployeesofcompanieswithaFederalgovernmentcontractorsubcontractareprotected
underFederallawfromdiscriminationonthefollowingbases:
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity,ornationalorigin,andrequiresaffirmativeactiontoensureequalityofopportunity in all aspects of employment.PAY SECRECY Executive Order 11246, as amended, protects applicants and employees from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of1973, as amended, protects qualified individuals with disabilities from discriminationinhiring,promotion,discharge,pay,fringebenefits,jobtraining,classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicantor employee,barringunduehardship to the employer. Section503also requires that Federal contractors take affirmative action to employ andadvance in employment qualified individuals with disabilities at all levels of
employment, including the executive level.PROTECTED VETERANS The Vietnam Era Veterans’ Readjustment AssistanceActof1974,asamended,38U.S.C.4212,prohibitsemploymentdiscriminationagainst, and requires affirmative action to recruit, employ, and advance inemployment, disabled veterans, recently separated veterans (i.e., within three yearsofdischargeorreleasefromactiveduty),activedutywartimeorcampaignbadgeveterans,orArmedForcesservicemedalveterans.RETALIATION Retaliation is prohibited against a personwho files a complaintof discrimination, participates in an OFCCP proceeding, or otherwise opposesdiscriminationunder theseFederal laws.Anypersonwhobelievesacontractorhas violated its nondiscrimination or affirmative action obligations under theauthorities above should contact immediately: The Office of Federal ContractCompliance Programs (OFCCP), U.S. Department of Labor, 200 ConstitutionAvenue, N.W.,Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337(TTY)[email protected],orbycallinganOFCCPregionalordistrictoffice,listedinmosttelephonedirectoriesunderU.S.Government,DepartmentofLabor.
RACE, COLOR, NATIONAL ORIGIN, SEX In addition to the protections of Title VII oftheCivilRightsActof1964,asamended,TitleVIoftheCivilRightsActof1964,as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance.EmploymentdiscriminationiscoveredbyTitleVIiftheprimaryobjectiveofthefinancial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibitsemployment discrimination on the basis of sex in educational programs or
activitieswhichreceiveFederalfinancialassistance. INDIVIDUALS WITH DISABILITIES Section504oftheRehabilitationActof1973,as amended, prohibits employment discrimination on the basis of disability in any programoractivitywhichreceivesFederalfinancialassistance.Discriminationisprohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions ofthejob.Ifyoubelieveyouhavebeendiscriminatedagainstinaprogramofanyinstitutionwhich receives Federal financial assistance, you should immediatelycontacttheFederalagencyprovidingsuchassistance.
PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
IfyoubelievethatyouhaveexperienceddiscriminationcontactOFCCP:1-800-397-6251|TTY1-877-889-5627| www.dol.gov.
EEOC9/02andOFCCP8/08VersionsUseableWith11/09Supplement MandatorySupplementtoEEOCP/E-1(Revised11/09)“EEOistheLaw”Poster
EEOC | EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW
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LEAVE ENTITLEMENTS Eligibleemployeeswhoworkforacoveredemployercantakeupto12weeksofunpaid, job-protectedleave in a 12-month period for the following reasons:•Thebirthofachildorplacementofachildforadoptionorfostercare;•Tobondwithachild(leavemustbetakenwithin1yearofthechild’sbirthorplacement);•Tocarefortheemployee’sspouse,child,orparentwhohasaqualifyingserioushealthcondition;•Fortheemployee’sownqualifyingserioushealthconditionthatmakestheemployeeunabletoperformtheemployee’sjob;•Forqualifyingexigenciesrelatedtotheforeigndeploymentofamilitarymemberwhoistheemployee’sspouse,child,orparent.Aneligibleemployeewhoisacoveredservicemember’sspouse,child,parent,ornextofkinmayalsotakeupto26weeksofFMLAleaveinasingle12-monthperiodtocarefortheservicememberwithaseriousinjuryorillness.Anemployeedoesnotneedtouseleaveinoneblock.Whenitismedicallynecessaryorotherwisepermitted,employeesmaytakeleaveintermittentlyoronareducedschedule.Employeesmaychoose,oranemployermayrequire,useofaccruedpaidleavewhiletakingFMLAleave.IfanemployeesubstitutesaccruedpaidleaveforFMLAleave,theemployeemustcomplywiththeemployer’snormalpaidleavepolicies.
BENEFITS & PROTECTIONS WhileemployeesareonFMLA leave,employersmustcontinuehealth insurancecoverageas if theemployeeswerenoton leave.Upon return fromFMLA leave,mostemployeesmustbe restored to thesame joboronenearlyidenticaltoitwithequivalentpay,benefits,andotheremploymenttermsandconditions.Anemployermaynotinterferewithanindividual’sFMLArightsorretaliateagainstsomeoneforusingortryingtouseFMLAleave,opposinganypracticemadeunlawfulbytheFMLA,orbeinginvolvedinanyproceedingunderorrelatedtotheFMLA.
ELIGIBILITY REQUIREMENTS AnemployeewhoworksforacoveredemployermustmeetthreecriteriainordertobeeligibleforFMLAleave.Theemployeemust:•Haveworkedfortheemployerforatleast12months;•Haveatleast1,250hoursofserviceinthe12monthsbeforetakingleave;*and•Workatalocationwheretheemployerhasatleast50employeeswithin75milesoftheemployee’sworksite.*Special“hoursofservice”requirementsapplytoairlineflightcrewemployees.
REQUESTING LEAVE Generally,employeesmustgive30-days’advancenoticeoftheneedforFMLAleave.Ifitisnotpossibletogive30-days’notice,anemployeemustnotifytheemployerassoonaspossibleand,generally,followtheemployer’susualprocedures.Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if theleavequalifiesforFMLAprotection.Sufficientinformationcouldincludeinforminganemployerthattheemployeeisorwillbeunable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization orcontinuingmedicaltreatmentisnecessary.EmployeesmustinformtheemployeriftheneedforleaveisforareasonforwhichFMLAleave was previously taken or certified. Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.
EMPLOYER RESPONSIBILITIES Once an employer becomes aware that an employee’s need for leave is for a reason thatmayqualifyundertheFMLA,theemployermustnotifytheemployeeifheorsheiseligibleforFMLAleaveand,ifeligible,mustalsoprovideanoticeofrightsandresponsibilitiesundertheFMLA.Iftheemployeeisnoteligible,theemployermustprovideareasonforineligibility.EmployersmustnotifyitsemployeesifleavewillbedesignatedasFMLAleave,andifso,howmuchleavewillbedesignatedasFMLAleave.
ENFORCEMENT EmployeesmayfileacomplaintwiththeU.S.DepartmentofLabor,WageandHourDivision,ormaybringaprivatelawsuitagainstanemployer.TheFMLAdoesnotaffectanyfederalorstatelawprohibitingdiscriminationorsupersedeanystateorlocal law or collective bargaining agreement that provides greater family or medical leave rights.
THEUNITEDSTATESDEPARTMENTOFLABORWAGEANDHOURDIVISION
Foradditionalinformationortofileacomplaint:1-866-4-USWAGE
(1-866-487-9243)TTY:1-877-889-5627WWW.WAGEHOUR.DOL.GOV
U.S.DepartmentofLabor|WageandHourDivision WH1420aREV04/16
EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT
FMLA | FAMILY AND MEDICAL LEAVE ACT
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USERRA - UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
U.S.DepartmentofJustice OfficeofSpecialCounsel
UN
ITED STATES OF AM
ERIC
A
OFF
ICE O
F SPECIAL COUNSEL
EmployerSupportOfTheGuardAndReserve1-800-336-4590U.S.DepartmentofLabor
1-866-487-2365
YOUR RIGHTS UNDER USERRATHE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
USERRAprotectsthejobrightsofindividualswhovoluntarilyorinvoluntarilyleaveemploymentpositionstoundertakemilitaryserviceorcertaintypesofserviceintheNationalDisasterMedicalSystem.USERRAalsoprohibitsemployersfromdiscriminatingagainstpastandpresentmembers of the uniformed services, and applicants to the uniformed services.
REEMPLOYMENT RIGHTSYouhavetherighttobereemployedinyourcivilianjobifyouleavethatjobtoperformserviceintheuniformedserviceand:• you ensure that your employer receives advance written or verbal noticeofyourservice;
• you have five years or less of cumulative service in the uniformed serviceswhilewiththatparticularemployer;
• you return to work or apply for reemployment in a timely manner afterconclusionofservice;and
• you have not been separated from service with a disqualifying discharge or under other than honorable conditions.
Ifyouareeligibletobereemployed,youmustberestoredtothejoband benefits you would have attained if you had not been absent due tomilitaryserviceor,insomecases,acomparablejob.
RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATIONIf you:•areapastorpresentmemberoftheuniformedservice;•haveappliedformembershipintheuniformedservice;or•areobligatedtoserveintheuniformedservice;then an employer may not deny you:•initialemployment;•reemployment;•retentioninemployment;•promotion;or•any benefit of employmentbecause of this status.In addition, an employer may not retaliate against anyone assisting intheenforcementofUSERRArights,includingtestifyingormakingastatementinconnectionwithaproceedingunderUSERRA,evenifthatperson has no service connection.
HEALTH INSURANCE PROTECTION
•Ifyouleaveyourjobtoperformmilitaryservice,youhavetherighttoelect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military.
•Evenifyoudon’telecttocontinuecoverageduringyourmilitaryservice,youhavetherighttobereinstatedinyouremployer’shealthplan when you are reemployed, generally without any waiting periodsorexclusions(e.g.,pre-existingconditionexclusions)exceptforservice-connectedillnessesorinjuries.
ENFORCEMENT
•TheU.S.DepartmentofLabor,VeteransEmploymentandTrainingService(VETS)isauthorizedtoinvestigateandresolvecomplaintsofUSERRAviolations.
•Forassistanceinfilingacomplaint,orforanyotherinformationonUSERRA,contactVETSat1-866-4-USA-DOL or visit its website at http://www.dol.gov/vets.AninteractiveonlineUSERRAAdvisorcanbe viewed at http://www.dol.gov/elaws/userra.htm.
•IfyoufileacomplaintwithVETSandVETSisunabletoresolveit,youmayrequestthatyourcasebereferredtotheDepartmentofJusticeortheOfficeofSpecialCounsel,asapplicable,forrepresentation.
•YoumayalsobypasstheVETSprocessandbringacivilactionagainstanemployerforviolationsofUSERRA.
Therightslistedheremayvarydependingonthecircumstances.ThetextofthisnoticewaspreparedbyVETS,andmaybeviewedontheinternet at this address: http://www.dol.gov/vets/programs/userra/poster.htm.FederallawrequiresemployerstonotifyemployeesoftheirrightsunderUSERRA,andemployersmaymeetthisrequirementbydisplayingthetextofthisnoticewheretheycustomarilyplacenoticesforemployees.
PublicationDate—April2017
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WAGE AND HOUR DIVISIONUNITEDSTATESDEPARTMENTOFLABOR
1-866-487-9243TTY:1-877-889-5627www.dol.gov/whd
WH1462REV07/16
EMPLOYEE RIGHTSEMPLOYEE POLYGRAPH PROTECTION ACT
The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.
PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee orjobapplicanttotakealiedetectortest,andfromdischarging,disciplining,ordiscriminatingagainst an employee or prospective employee for refusing to take a test or for exercising other rightsundertheAct.
EXEMPTIONS Federal,Stateandlocalgovernmentsarenotaffectedbythelaw.Also,thelawdoesnotapplytotestsgivenbytheFederalGovernmenttocertainprivateindividualsengagedinnationalsecurity-relatedactivities.TheActpermitspolygraph(akindofliedetector)teststobeadministeredintheprivatesector,subjecttorestrictions,tocertainprospectiveemployeesofsecurityservicefirms(armoredcar,alarm,andguard),andofpharmaceuticalmanufacturers,distributorsanddispensers.TheActalsopermitspolygraphtesting,subjecttorestrictions,ofcertain employees of private firms who are reasonably suspected of involvement in a workplace incident(theft,embezzlement,etc.)thatresultedineconomiclosstotheemployer.ThelawdoesnotpreemptanyprovisionofanyStateorlocallaworanycollectivebargainingagreement which is more restrictive with respect to lie detector tests.
EXAMINEE RIGHTS Wherepolygraphtestsarepermitted,theyaresubjecttonumerousstrictstandards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test,andtherightnottohavetestresultsdisclosedtounauthorizedpersons.
ENFORCEMENT TheSecretaryofLabormaybringcourtactionstorestrainviolationsandassesscivilpenaltiesagainstviolators.Employeesorjobapplicantsmayalsobringtheirowncourtactions.
THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT.
EMPLOYEE POLYGRAPH PROTECTION ACT
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OSHA | OCCUPATIONAL SAFETY AND HEALTH ACT
All workers have the right to:
A safe workplace.
Raise a safety or health concern with your employer or OSHA, or report a work-related injury or illness, without being retaliated against.
Receive information and training on job hazards, including all hazardous substances in your workplace.
Request an OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. OSHA will keep your name confidential. You have the right to have a representative contact OSHA on your behalf.
Participate (or have your representative participate) in an OSHA inspection and speak in private to the inspector.
File a complaint with OSHA within 30 days (by phone, online or by mail) if you have been retaliated against for using your rights.
Employers must:
Provide employees a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA, or reporting a work-related injury or illness.
Comply with all applicable OSHA standards.
Report to OSHA all work-related fatalities within 8 hours, and all inpatient hospitalizations, amputations and losses of an eye within 24 hours.
Provide required training to all workers in a language and vocabulary they can understand.
Prominently display this poster in the workplace.
Post OSHA citations at or near the place of the alleged violations.
U.S. Department of Labor
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OSHA | OCCUPATIONAL SAFETY AND HEALTH ACT (Continued)
U.S. Department of Labor
See any OSHA citations issued to your employer.
Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log.
FREE ASSISTANCE to identify and correct hazards is available to small and medium- sized employers, without citation or penalty, through OSHA-supported consultation programs in every state.
This poster is available free from OSHA.
1-800-321-OSHA (6742) TTY 1-877-889-5627 www.osha.gov
Contact OSHA. We can help.
OSHA
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ANTI-DISCRIMINATION NOTICE
It is illegal to discriminate against work authorizedindividuals.EmployersCANNOTspecifywhichdocument(s)theywillaccept
from an employee. The refusal to hire an individual because the documents have a future expiration date may also constitute
illegal discrimination.
Forinformation,pleasecontactTheOfficeofSpecialCounselforImmigrationRelatedUnfairEmploymentPracticesOfficeat
800-255-7688.
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WITHHOLDING STATUS
Publication213(Rev.8-2009)
Cat.No.11047P
www.irs.gov
Since you last filed form W-4 with your employer did you...•Marryordivorce?•Gainorloseadependent?•Changeyourname?
Were there major changes to...•Yournon-wageincome(interest,dividends,capitalgains,etc.)?•Yourfamilywageincome(youoryourspousestartedorended ajob)?
•Youritemizeddeductions?•Yourtaxcredits?
If you can answer “YES”...To any of these questions or you owed extra tax when you filed your lastreturn,youmayneedtofileanewformW-4.SeeyouremployerforacopyofFormW-4orcalltheIRSat1-800-829-3676.Nowisthetimetocheckyourwithholding.Formoredetails,getPublication919,How Do I Adjust My Tax Withholding?, or use the WithholdingCalculatorat:www.irs.gov/individualsontheIRSwebsite.
Employer:PleasepostorpublishthisBulletinBoardPostersothatyouremployeeswillseeit.Pleaseindicatewheretheycangetformsandinformationonthissubject.
YOU MAY NEED TO CHECK YOUR WITHHOLDING
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PAYDAY NOTICE
By: ______________________________________________________________________________________
Title: _____________________________________________________________________________________
Weekly Bi-Weekly Monthly
Other _________________________________________________
Regular Paydays for Employees of
_______________________________________________________________________(Company Name)
Shall be as follows:
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Acknowledgement PagePlease fill out and submit to employer
ACKNOWLEDGEMENT
I certify that I have received and read the contents of the Labor Laws.
Employee Name: _______________________________________________
DateReceived:___________________________
SignatureofRecipient:__________________________________________
Comments:
SUBMIT ACKNOWLEDGEMENT