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Posters
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Who
Must Post?
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Citations
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Our
Price:
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Federal
Contractors Edition Poster
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Federal contractors and their subcontractors
are required to post the notice titled Employee
Rights Under The National Relations Act (NLRA). Federal
contractors need to post the required employee
notice and also insert provisions in their subcontracts
that require their subcontractors to post the
employee notice as well. |
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This poster includes multiple mandatory
posting requirements on a single poster. For some
postings, appropriate contract sanctions may be
imposed for uncorrected violations.
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Our Price
$9.95
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Customizable
Federal Contractor Poster
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Federal contractors and their subcontractors
are required to post the notice titled Employee
Rights Under The National Relations Act (NLRA). Federal
contractors need to post the required employee
notice and also insert provisions in their subcontracts
that require their subcontractors to post the
employee notice as well. |
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This poster includes a combination
of mandatory and customizable posting requirements
on a single poster. For some postings, appropriate
contract sanctions may be imposed for uncorrected
violations.
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Our Price
$19.95
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American
Recovery and Reinvestment Act of 2010 Whistleblower
Poster
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Any business entity receiving Recovery
Act funds including state and local governments,
contractors, subcontractors, grantees, and any
other non-federal businesses must post this poster.
Does not apply to federal, state or political
subdivisions of states. |
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Any covered employer who fails
to post may be subject to citations or penalties. |
Our Price
$9.95
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Davis-Bacon
Poster (Government Construction)
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Any federal contractor or subcontractor
engaged in contracts that are greater than $2,000
for construction, alteration, or repair of a public
building or works financed (in whole or in part)
from federal funds, federal guarantee, or federal
pledge are subject to the labor standards provisions
listed in 29 CFR 5.1. |
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No citations or penalties for failure
to post. |
Our Price
$9.95
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National
Labor Relations Act Poster
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Federal contractors and subcontractors
are required to post the in offices where employees
covered by the NLRA perform contract-related activity,
including all places where notices to employees
are customarily posted, both physically and electronically. |
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The sanctions, penalties, and remedies
for noncompliance include the suspension or cancellation
of the contract, as well as debarring from future
federal contracts. |
Our Price
$9.95
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Walsh-Healey
Public Contracts Act
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The Act requires contractors and
subcontractors performing services on prime contracts
of more than $2,500 to pay service employees in
various classes no less than the wage rates and
fringe benefits found prevailing in the locality,
or the rates (including prospective increases)
contained in a predecessor contractor's collective
bargaining agreement. |
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Any covered employer failing to
post the poster may be subject to citation and
penalty.
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Our Price
$9.95
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VEVRAA
Poster
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The U.S. Department of Labor's
VETS (Veterans' Employment and Training Service)
requires that every employer who employs persons
entitled to rights and benefits under USERRA must
post the VEVRAA poster. |
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No citations or penalties for failure
to notify. An individual could ask USDOL to investigate
and seek compliance, or file a private enforcement
action to require the employer to provide the
notice to employees. |
Our Price
$9.95
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Migrant
and Seasonal Agricultural Worker Protection
Act - Bilingual
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Each farm labor contractor, agricultural
employer and agricultural association that is
subject to MSPA, and that employs migrant or seasonal
agricultural worker is required to post a poster
explaining the rights protected under MSPA. |
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A civil money penalty may be assessed. |
Our Price
$10.95
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Notice
to Workers with Disabilities/Special Minimum
Wage Poster
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Every employer having workers employed
under special minimum wage certificates authorized
by section 14(c) of the Fair Labor Standards Act. |
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No citations or penalties for failure
to post. |
Our Price
$9.95
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Fair
Housing Poster
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Any business, real estate broker,
agent, salesman, or person in the business of
residential real estate or related real estate
transactions are required to post the Fair Housing
Poster. |
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Failure to post the Fair Housing
Poster as required by law, might be considered
as a discriminatory housing practice. |
Our Price
$9.95
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Federal
Aid Highway Project Poster
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All federal contractors working
on a federal aid construction project are required
by law to post this Fraud Notice Poster. |
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Any covered employer failing to
post the poster may be subject to citation and
penalty.
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Our Price
$9.95
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Daily
EEO Applicant Flow Log
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Logging and tracking employee ethnicity,
gender, and veteran background by use of this
form is voluntary.
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No citations or penalties for failure
to post.
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Our Price
$29.99
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Voluntary
Affirmative Action Information
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Tracking important EEO information
including veteran and disabled status, as well
as gender and ethnicity by use of this form is
voluntary.
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No citations or penalties for failure
to post.
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Our Price
$29.99
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E-Verify
& Anti-Discrimination Notice
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Any business that uses the e-verify
system during its employment verification process
either voluntarily or through a State/Federal
mandate must post the notice to inform employees
that the system is used at the company and to
inform them of their rights. |
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Any covered employer who fails
to post may be subject to citations or penalties. |
Our Price
$9.95
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Frequently Asked Questions:
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How do I know if I am a federal contractor or subcontractor who is required to comply with OFCCP laws? |
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OFCCP civil rights requirements apply to businesses that have:
- A federal contract, subcontract or a federally assisted construction contract in excess of $10,000.00
- Federal contract(s) that exceed $10,000.00 in any 12-month period
- Government bills of lading, is an entity serving as a depository of
federal funds, or is an agent that issues and pays for U.S. savings bonds,
and notes of any amount that fall under one or more OFCCP laws.
(41
CFR Sec. 60-1.5(a), 41
CFR Sec. 60-250.4, and 41
CFR Sec. 60-741.4.)
Please note that the dollar amount and nature of the federal contracts will determine the OFCCP obligations. In general, all of a business’ establishments will be under OFCCP jurisdiction, even if the contract will be exercised at only one of the business’ facilities.
Single Entity Test: To determine if a separate business without government contracts is still subject to OFCCP jurisdiction based on a relationship, the following test is available: http://www.dol.gov/elaws/esa/ofccp/single_entity_test.asp
Subcontractor Test: To determine if a subcontractor is subject to OFCCP jurisdiction, the following test is available http://www.dol.gov/elaws/esa/ofccp/subcontractor_test.asp
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Which federal contracts or subcontracts are exempt from Section 503? |
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Section 503 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 793 (http://www4.law.cornell.edu/uscode/29/793.html), is administered by OFCCP. Section 503 requires employers with federal contracts or subcontracts that are greater than $10,000, and contracts or subcontracts for indefinite quantities (unless it is believed the cost in any one year will not be greater than$10,000), to take affirmative steps.
The following types of contracts and subcontracts are exempt from Section 503:
- For contracts not greater than $10,000
- For work that is performed outside the U.S.
- For state or local government contracts
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Are all construction contractors and subcontractors affected by OFCCP laws? |
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Contractors and subcontractors who have federal or federally-assisted contracts of $10,000.00 or more are subject to OFCCP laws depending on contract amount. After the determination of OFCCP jurisdiction has been made, the OFCCP civil rights requirements will apply to all of the contractor’s or subcontractor’s employees on the construction site.
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When should federal contractors or subcontractors develop an Affirmative Action Plan (AAP)? |
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Section 503 states that employers who possess federal contracts or subcontracts of $50,000.00 or more, and 50 or more employees must create, implement, and update annually an Affirmative Action Program (AAP) document for every business establishment. The document must be made available to any employee or employee applicant. It also must be made available to the OFCCP. The plan must be written within 120 days of the contract start for each business establishment of a contractor or subcontractor who employees more than 50 workers if:
- The amount of the contract is $50,000 or more
- Has government bills of lading within a calendar year of $50,000.00 or more
- Is a depository of federal funds of any amount
- Is an agent that issues and pays for U.S. savings bonds of any amount
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Am I required to determine
if my suppliers and vendors maintain an APP? |
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You are not required to determine if vendors or suppliers have developed and maintained written AAPs. You are however, required to include the Equal Opportunity (EO) clause in each subcontract or purchase order.
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Our specific division doesn’t do any government work; this is handled by other divisions within our company. Do we still fall under OFCCP laws? |
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Yes. In general, once a determination has been made on civil rights requirements for a business, then all of the organization’s establishments and facilities will be subject to the regulations, regardless of federal contract location.
In addition, a Single Entity Test will determine entities that may have a close enough relationship to a business to still fall under OFCCP jurisdiction. The test addresses matters such as:
- Common ownership
- Common directors and/or officers
- One entity has daily control over policies, management or supervision of the other entity's operations
- The personnel policies of the entities coming from a common source
- The operations of the entities are dependent on each other
A business or organization does not have to meet all five factors to be considered a single entity.
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What records should a federal contractor or subcontractor be keeping? |
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Federal contractors or subcontractors are required to maintain employment records for two years from the record date or the action involved, whichever occurs later. Some examples are:
- Job descriptions
- Job postings
- Job offers
- Applications and resumes
- Interview notes
- Tests and test results
- Physical examination records
- Employment policies and procedures
- Personnel files
Contractors with less than 150 employees, or those who do not have a government contract of at least $150,000 only need to keep records for one year from the record date or the action involved, whichever occurs later.
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Is a hospital or other health care provider covered under the laws enforced by OFCCP? |
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Hospitals can receive reimbursements
for medical services provided to federal employees, retirees,
or their dependents from a health insurance carrier that
participates in the Federal Employee Health Benefits Program
(FEHB).
OFCCP's policy is that the receipt of reimbursements
from a health insurance carrier that provides a health
benefits plan under the FEHB Program, for the medical services
provided
to Federal employees or their dependents, will not subject
the health care provider to the laws enforced by OFCCP.
This policy is based on the decision of DOL's Administrative
Review
Board (ARB) in OFCCP v. Bridgeport Hospital, ARB Case No.
00-234, (January 31, 2003).
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Our business is a fund depository, and an issuing and paying agent for U.S. Saving Bonds and savings notes. Are we required to implement the Affirmative Actions Program (AAP) requirements under Executive Order (E.O.) 11246, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), as amended, 38 U.S.C. 4212 and Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended? |
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The E.O. 11246 implementing regulations
at 41 CFR 60-1.40(a) and 60-2.1(b) state, that any non-construction
contractor that serves as a depository of government funds
in any amount or a financial institution which is an issuing
and paying agent for U.S. saving bonds and saving notes in
any amount must develop an affirmative action program: http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_60-1/41CFR60-1.40.htm.
Section
503 states a government contractor with 50 or more employees
and a government contract of $50,000 or more must develop
a Section 503 affirmative action program. 41 CFR 60-741.40(a).
The Section 503 regulations define a Government contract
as "any agreement or modification thereof between any contracting
agency and any person for the purchase, sale or use of
personal property or nonpersonal services." 41 CFR 60-741.2(i).
The term "nonpersonal services" as used in this section
includes fund depository. 41 CFR 60-741.2(i)(4). Thus,
the agreement
to serve as a Federal funds depository is a "Government
contract." See
http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_60-741/41CFR60-741.2.htm.
Under
Section 503, however, all government contracts must exceed
the $50,000 for coverage. Thus, if you serve as a depository
for Federal
funds of $50,000 or more, or have an agreement valued
at $50,000 or more to be an issuing and paying agent for
savings
bonds and notes, you would therefore need to develop
and maintain a Section 503 affirmative action program.
In
addition,
it is the same case for VEVRAA as under Section 503
for any Government contractor with 50 or more employees and
a contract
of $50,000 or more to serve as a depository of Federal
funds or as an issuing and paying agent for savings
bonds
and notes,
if the Government contract was entered into before
December 1, 2003. See http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_60-250/41CFR60-250.40.htm.
The
Jobs for Veterans Act (JVA) amended VEVRAA, however, raise
the dollar threshold amount required for contract coverage
to $100,000.
The
new amount applies to contracts entered on or after
December
1, 2003. Thus, if your business or organization became
a
fund depository or an issuing and paying agent for
savings bonds and notes on or after December 1, 2003, it
would
also be subject to the written AAP requirement under
VEVRAA if
the contract is for $100,000 or more.
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Is a covered Federal Deposit Insurance Corporation (FDIC) financial institution coverage subject to the Affirmative Actions Program (AAP) requirements under Executive Order 11246, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), as amended, 38 U.S.C. 4212 and Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended? |
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FDIC Financial institutions are
considered to be government contractors and subject to implementing
Executive Order 11246, as amended, the Vietnam Era Veterans'
Readjustment Assistance Act of 1974 (VEVRAA), as amended,
38 U.S.C. 4212 and Section 503 of the Rehabilitation Act
of 1973 (Section 503), as amended. These three OFCCP programs
require equal employment opportunity by government contractors.
The
regulations for Executive Order 11246 (41 CFR 60-1.3),
define a government contract as any agreement or modification
between
any contracting agency and any person for the purchase,
sale or use of personal property or nonpersonal services.
The
term "nonpersonal services" as used in this section includes,
but is not limited to, the following services: utilities,
construction, transportation, research, insurance, and
fund depository. The definition includes agreements for
insurance:
http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_60-1/41CFR60-1.3.htm.
The
implementing regulations for the VEVRAA and Section 503
programs, 41 CFR 60-250.2 (http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_60-250/41CFR60-250.2.htm)
and 60-741.2 (http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_60-741/41CFR60-741.2.htm)
respectively, also define a government contract as any
agreement
or modification thereof between any contracting agency
and any person for the purchase, sale or use of personal
property
or nonpersonal services. The term "nonpersonal services" as
used in this section includes, but is not limited to,
the following services: utilities, construction, transportation,
research, insurance, and fund depository. This definition
also includes agreements for insurance. Thus, financial
institutions with federal share and deposit insurance
are
considered to
be government contractors.
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