FLSA2003-2NA — Posting requirements on multi-employer worksites

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

March 3, 2003 FLSA2003-2NA

Dear
Name*,

This is in response to your request for an opinion concerning the application of the Fair Labor
Standards Act (FLSA) to the posting requirements on multi-employer worksites. We regret the delay
in responding to your request.

You represent
Name* an insurance adjusting company that sends its employees to catastrophes all
over the United States and the world to adjust claims. You wish to know if every employer on a multi-
employer worksite is required to keep posted a notice explaining the FLSA, or if a conspicuous
posting by one of the employers is sufficient.

As you know, section 516.4 of Regulations 29 CFR 516 requires that notices be posted in
conspicuous places in every establishment where employees who are covered by the FLSA are
employed. Therefore, it is our opinion that if employees of
Name* are working in another employer’s
office on a multi-employer worksite, and the FLSA notice is already conspicuously posted in
compliance with section 516.4, no additional posting of this notice is required.

This opinion is based exclusively on the facts and circumstances described in your request and is
given on the basis of your representation, explicit or implied, that you have provided a full and fair
description of all the facts and circumstances which would be pertinent to our consideration of the
question presented. Existence of any other factual or historical background not contained in your
request might require a different conclusion than the one expressed herein. You have also
represented that this opinion is not sought on behalf of a client or firm which is under investigation by
the Wage and Hour Division, or which is in litigation with respect to, or subject to the terms of any
agreement or order applying or requiring compliance with, the provisions of the FLSA.

We trust that this information responds to your inquiry.

Sincerely,

Barbara R. Relerford
Office of Enforcement Policy
Fair Labor Standards Team

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).
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