Compliance

Labor law posters for NEMT companies: required notices when drivers rarely visit the office

Updated 7 min read

Overview

Nearly every NEMT employer must post the federal minimum wage, OSHA, and polygraph notices and give drivers the USERRA notice. The EEOC Know Your Rights poster starts at 15 employees and the FMLA poster at 50. For drivers who take vans home, OSHA points to the base they report to or work from. A digital copy replaces paper only when every employee works remotely.

On this page

The federal notices and who posts each

Four federal notices apply to almost every private fleet with employees, the EEOC poster starts at 15 employees, and the FMLA poster starts at 50. They are part of the paperwork that begins with your first hire. The Labor Department’s free Poster Advisor asks a few questions and lists the Labor Department posters that apply to you. Check the EEOC notice and your state’s list separately.

NoticeWho posts itIf it is missing
Employee Rights Under the FLSA (minimum wage)Every employer of employees covered by the federal minimum wageNo citation or penalty for the poster itself
OSHA job safety and health posterPrivate employers; state plan states may use their own versionCitation and a penalty of up to $16,550
Employee Polygraph Protection ActMost private employersCivil penalty of up to $26,262 per violation
Your Rights Under USERRAEvery employer, by posting or by handing it outNo citation or penalty for the notice
Know Your Rights (EEOC)15 employees, counted over 20 weeks of this year or lastFine of up to $698 per offense
FMLA Employee Rights50 employees, counted over 20 workweeks in this year or lastUp to $216 per offense if the failure is willful

Each poster has its own rule on old editions:

  • Minimum wage. The April 2023 poster is the current one. The Wage and Hour Division says earlier editions, including the August 2016 poster, no longer satisfy the rule, so replace an old one.
  • FMLA. April 2023 is current, and the April 2016 and February 2013 editions still count. Once you are covered, the notice goes up even if no driver has worked long enough to be eligible.
  • OSHA. OSHA released a redesigned poster in February 2026 and says employers may keep the version already on the wall, so an older edition still counts. In a state that runs its own OSHA-approved plan, post the state’s version.
  • EEOC. The current poster added the Pregnant Workers Fairness Act in 2023, and the date sits in its bottom right corner. The EEOC has flagged its documents as under revision after a January 2025 executive order, so check that date against the one on its site before you print.

Where to post when drivers start from home

Post at the base your drivers report to or get their trips from. OSHA’s posting rule, 29 CFR 1903.2(b), names transportation among work that is physically dispersed and says the notice goes “at the location to which employees report each day.” When employees do not report to one place, it goes where they operate from. The FMLA uses the same idea for drivers with no fixed worksite: their worksite is the home base they are assigned to, the place their work is assigned from, or the place they report (29 CFR 825.111).

That helps a fleet whose drivers take vans home and go straight to the first pickup, a setup explained in the take-home vehicle policy guide. The office or yard that assigns their routes is still their base. A practical routine:

  1. Hang the full federal and state set at each base, where staff pass every day. Each establishment needs its own set, so add one whenever you open a yard or satellite office.
  2. Put the same notices in the driver handbook and in a shared folder drivers can open on a phone without asking anyone for access.
  3. Tell every new hire where that folder is, and say it again when a notice changes.
  4. Hand out the USERRA notice at hire. The statute lets you meet it by posting, and the Labor Department also accepts handing it over, mailing it, or emailing it.
  5. If you are covered by the FMLA and have eligible employees, put the FMLA general notice in the handbook or give it to each new hire. Either can be done electronically (29 CFR 825.300(a)(3)).

When a digital copy is enough

A digital copy replaces the paper poster only when nobody works on site. Field Assistance Bulletin 2020-7, issued in December 2020, explains how the Wage and Hour Division treats electronic posting for the minimum wage, FMLA, and polygraph notices. For notices that must be posted and kept posted, the division in most cases accepts electronic posting alone only when all three conditions hold:

  1. Every employee works exclusively remotely.
  2. Every employee customarily gets information from the employer electronically.
  3. Every employee can reach the posting easily at all times.

Where some employees work on site and others telework full time, the bulletin treats electronic posting as a supplement to the paper set and encourages both. So if your dispatcher sits in an office, the paper set stays on the wall and the digital copy is the second copy for drivers on the road.

The bulletin also sets a floor for any digital copy. Employees must be able to open it without asking permission to view a file or use a computer. The employer must tell them where it is. A notice parked somewhere obscure counts as hidden, the same as a poster hung in a closet. The FMLA regulation itself says electronic posting works when it otherwise meets the rule. The EEOC calls electronic posting a supplement in most cases, though it can be the only posting for an employer with no physical location or for staff who work remotely.

State notices: California and Texas as examples

State lists run longer than the federal one, and they change. California and Texas show the range. Your state labor department publishes its own list.

California’s Department of Industrial Relations lists these for all employers unless noted:

  • Every year. A California Workplace Know Your Rights notice to each employee, first due on or before February 1, 2026 and every year after.
  • Pay. The state minimum wage poster, the paid sick leave poster, the wage order for your industry, and a payday notice listing regular paydays and the time and place of payment. You may write the payday notice yourself.
  • Injuries. The Notice to Employees about workers’ compensation benefits, plus the coverage notice your carrier provides under Labor Code 3550.
  • Discrimination and leave. The Civil Rights Department’s harassment and transgender rights posters for every employer. Once you have five employees, the state’s family and medical leave law covers you (Government Code 12945.2), and its regulation, 2 CCR 11095, requires every covered employer to post a notice of those rights. One notice may cover both family leave and pregnancy disability leave.
  • Unemployment and voting. The state’s DE 1857A notice on unemployment, disability, and paid family leave, and the Time Off to Vote notice, which goes up no later than 10 days ahead of each statewide election.

The Texas Workforce Commission lists these:

  • Payday and unemployment. A combined unemployment and payday law poster for employers liable for state unemployment tax, or the payday law poster alone for those who are not. Both come in English and Spanish.
  • Workplace violence. Since January 8, 2024, any Texas employer with at least one worker posts the Reporting Workplace Violence notice in English and Spanish, telling workers they can report anonymously to the Department of Public Safety (40 Texas Administrative Code 800.600).
  • Workers’ comp. Every employer tells employees whether it carries workers’ compensation. Employers that carry it also post the ombudsman program notice.
  • Tax credit. Employers notify employees about the earned income tax credit by March 1 each year.

Contracts that add notices

Some contracts bring their own notices:

  • Federal service contracts. A contract over $2,500 covered by the Service Contract Act requires the Employee Rights on Government Contracts poster (WH 1313) at the worksite, plus notice to each worker of the contract’s wage and fringe benefit rates, either handed over or by posting the wage determination (29 CFR 4.6(e)). VA medical centers buy wheelchair transportation this way; the Spokane VA medical center asked for quotes on one such contract in September 2026. Read the labor clauses before you bid, and see the VA transportation contracts guide for the rest of those bids.
  • Larger federal contracts. A federal contract above the simplified acquisition threshold, now $350,000, carries the clause requiring the Notification of Employee Rights Under Federal Labor Laws, and it flows down to subcontracts over $10,000. The notice goes up on paper, and also online if you post other employee notices electronically.
  • E-Verify. Enrolled employers display the participation and Right to Work posters, which our E-Verify guide covers.

Size, language, and cost

A free agency copy, printed large enough and in a language your drivers read, meets the rule:

  • Size. OSHA accepts copies at least 8.5 by 14 inches with 10-point type and a heading of about 36 points. Larger posters need larger print.
  • Language. If a significant share of your workforce cannot read English, the FMLA notice goes out in a language they can read. OSHA does not require a translated poster but encourages a Spanish copy where workers speak Spanish. The EEOC poster comes in English, Spanish, and several other languages, and the Texas workplace violence notice must be bilingual.
  • Cost. Every notice above is free from the agency that requires it. OSHA tells employers not to pay a vendor for its poster, and the Texas Workforce Commission says posters need not be bought or laminated.

The OSHA guide covers the safety rules behind the OSHA poster.

Watching the headcount lines in HealthRide

Two posting duties turn on headcount: the EEOC poster at 15 employees and the FMLA poster at 50, both counted across 20 or more weeks. When drivers clock in and out in the HealthRide driver app, each shift becomes a timecard, and the driver activity report in reports shows how many hours each driver worked. Add your office staff to that list of drivers, and you see the next headcount line coming before you cross it.

Frequently asked questions

Are posters required if every driver is a 1099 contractor?
The federal posting rules attach to employees. The minimum wage notice, for example, is owed by every employer of employees covered by the federal minimum wage (29 CFR 516.4). A company with no employees at all has nothing to post, but one dispatcher on payroll brings in most of the list. Make sure the 1099 label holds up before relying on it, because a driver found to be an employee was owed the notices all along.
Can I keep a copy of the posters in each van instead?
Treat a binder in each van as an extra, not a substitute. OSHA's rule for transportation employers ties the notice to the location employees report to each day, or the place they operate from, and the minimum wage and polygraph rules tie it to each establishment. A copy in the glove box helps drivers who never come in, but the base still needs the full set.
Must I buy an all-in-one laminated poster?
No. Every federal notice is free from the agency that issues it, and OSHA tells employers not to pay a vendor for its poster. The Texas Workforce Commission says its posters need not be bought or laminated, and California's labor department says downloaded posters meet the legal requirement. Printing your own is fine as long as each copy is legible and the OSHA copy meets its minimum size.
Does a 10-driver company need the EEOC poster?
No federal rule requires it at that size. The EEOC poster is owed by employers covered by Title VII, the ADA, GINA, or the Pregnant Workers Fairness Act, which reach a company once it has 15 employees, counted over 20 or more weeks of this year or the year before. State law often reaches smaller employers. California, for example, lists its workplace discrimination and harassment poster for all employers.
Is the FMLA poster required below 50 employees?
No. A private company falls under the FMLA once it has employed at least 50 people every working day for 20 or more weeks, counted in this calendar year or last (29 CFR 825.104). Once you cross that line, post the notice even if no driver is eligible for leave yet. Some states have family leave laws of their own with their own notices.

Official resources

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