“Federal employees are not covered by this act”: what HR teams need to know (and what to do instead)

HR professionals and business owners often encounter language like “federal employees are not covered by this act” in labor law summaries, posters, or guidance documents—and wonder whether they still have compliance obligations. In most cases, this phrase means the law you’re reading applies primarily to private-sector employers and/or state and local government, while federal executive-branch employees are governed by a different set of statutes, regulations, and enforcement bodies. This page breaks down what that exclusion typically means, when federal workers are covered anyway, and how to stay compliant.

For a broader view of major federal requirements, see SwiftSDS’s employment legislation list and employment law topics.

Why some laws say “federal employees are not covered by this act”

The U.S. employment-law landscape is split across different legal regimes:

Private-sector employees are often covered by laws enforced by the U.S. Department of Labor (DOL) or the Equal Employment Opportunity Commission (EEOC).
State and local public employees may be partially covered by federal statutes (depending on the law) and by state-specific rules.
Federal civil service employees (most federal executive agencies) are frequently governed by Title 5 of the U.S. Code, Office of Personnel Management (OPM) rules, Merit Systems Protection Board (MSPB) processes, and agency-specific policies.

So when you see “federal employees are not covered by this act,” it typically signals Congress intentionally excluded federal employees because another federal framework already regulates that area.

To understand the baseline protections many workers do have across laws, review 5 rights of workers.

Which “act” is this usually referring to?

The phrase shows up in many contexts, but HR teams most commonly run into it around these categories:

H3: Wage-and-hour rules (FLSA) and posting obligations

The Fair Labor Standards Act (FLSA) is a cornerstone wage-and-hour law governing minimum wage, overtime, and child labor (29 U.S.C. §§ 201–219). Federal employees may be covered in some circumstances, but coverage and administration can differ and poster language can vary by employer type (private, state/local government, agriculture).

For compliance teams building a poster program, choose the correct notice for your workforce type:

General FLSA notice: Employee Rights Under the Fair Labor Standards Act
State/local government version: Employee Rights Under the Fair Labor Standards Act – State and Local Government
Agriculture version: Employee Rights Under the Fair Labor Standards Act – Agriculture
Spanish-language version: Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA)

For a deeper explanation of wage-and-hour standards and enforcement, see fair labour standards act.

H3: Federal labor relations vs. NLRA

A frequent point of confusion: private-sector collective bargaining is governed by the National Labor Relations Act (NLRA) and enforced by the NLRB. But most federal employees are covered instead by the Federal Service Labor-Management Relations Statute (often called the federal labor relations statute), housed within Title 5, and administered through agencies such as the FLRA.

This is where you may see phrasing similar to “federal civil service employees cannot legally…” do X under a private-sector law—because the private-sector statute isn’t the governing authority for federal workers. The key takeaway for HR: you must identify which labor-relations framework applies before applying union, bargaining, or protected-concerted-activity rules.

H3: Leave laws (FMLA) and worker classification

Leave compliance also generates “not covered” questions—especially around nontraditional worker categories. If your workforce includes contractors, confirm whether they are eligible at all under federal leave rules before assuming coverage. SwiftSDS addresses that analysis in are contractors eligible for fmla.

The “federal employee act” question: which laws govern federal employees instead?

People searching “federal employee act” are often trying to locate the actual controlling law when a private-sector statute excludes federal workers. There isn’t one single “federal employee act” that replaces everything; instead, federal employees’ rights and obligations often flow from a combination of:

Title 5, U.S. Code (core civil service rules)
OPM regulations (personnel management)
MSPB processes (merit systems, adverse actions)
Agency-specific policies and collective bargaining agreements (where applicable)
Anti-discrimination laws (many federal employees are covered, but procedures may differ)

For an overview of what protections apply in the federal civil service context, read Federal civil service protections.

Actionable compliance steps for employers and HR teams

Even if federal employees are not covered by this act, your organization still needs a clear compliance playbook—especially if you have a mixed workforce (e.g., federal contractor, multi-state employer, or private company interacting with federal worksites).

H3: 1) Identify the employer type and the worker’s status

Document:

Whether the employer is private-sector, federal agency, state/local government entity, or a government contractor
Whether the worker is an employee vs. independent contractor vs. temporary worker
Work location(s) and remote-work jurisdictions

This classification drives which posters, pay rules, and procedures apply.

H3: 2) Maintain the correct posting set by jurisdiction

Posting obligations vary by employer type and by state. Start with SwiftSDS’s Federal (United States) Posting Requirements and add state pages for each work location, such as:

If you have employees working in Massachusetts (including multi-state remote workers), state notices can be extensive—examples include:

H3: 3) Don’t assume civil rights laws are excluded

Even when a labor statute excludes federal employees, anti-discrimination protections are often still present (with different procedures and enforcement). If you’re reviewing EEO compliance strategy, SwiftSDS’s guidance on how as it pertains to employment opportunity the eeo strives to provides useful framing for HR policy and training.

For disability compliance workflows, including documentation and process, see ada hr and ada forms for employers.

H3: 4) Build a “coverage map” for each policy

For each major HR policy (wage & hour, leave, discipline, accommodations, union activity), create a coverage table that lists:

Governing law (e.g., FLSA vs. Title 5 framework)
Who is covered (private, state/local, federal, contractors)
Posting/notice requirements
Recordkeeping requirements
Enforcement agency and complaint path

This prevents the common mistake of applying the wrong “act” to the wrong population.

Common pitfalls when interpreting “not covered” language

Treating exclusions as “no obligations at all.” Excluded employees are often covered by another regime.
Using the wrong poster version. For example, posting the general FLSA notice when a government-specific notice is required (or vice versa).
Ignoring state overlays. State wage/hour and anti-discrimination rules may apply based on work location even when a federal framework also exists.
Assuming contractors are protected like employees. Eligibility often turns on classification; review your independent contractor model and onboarding documents.

FAQ

Are federal employees covered by the Fair Labor Standards Act (FLSA)?

Some federal workers have FLSA coverage, but administration and exemptions can be complex, and poster versions differ by employer type. For poster compliance, use the correct DOL notice such as Employee Rights Under the Fair Labor Standards Act or the State and Local Government version when applicable.

What does “federal civil service employees cannot legally…” usually mean?

It usually indicates the rule you’re reading is not the controlling authority for federal civil service employees (often because a Title 5 or federal labor-relations framework applies instead). Confirm the governing statute and the proper forum (e.g., agency process, MSPB/FLRA, or EEO route). See Federal civil service protections for more context.

If my company is a federal contractor, are my employees “federal employees”?

Generally, no. Employees of federal contractors are typically private-sector employees, covered by private-sector labor and employment laws (plus certain contract-based requirements). Use the applicable jurisdiction pages, starting with Federal (United States) Posting Requirements, and then add state postings where the work is performed.

For related compliance planning across core federal laws, SwiftSDS maintains a growing hub at employment legislation list.