Remindax does not provide legal, tax, or HR advisory services, and this page is for general informational purposes only - consult a qualified attorney, accountant, or HR professional for guidance specific to your situation.
Quick facts
- ✓OPM defines engagement as employees' sense of purpose shown in their dedication, persistence and effort and their attachment to the organization and its mission.
- ✓The 2024 Federal Employee Viewpoint Survey (FEVS) Employee Engagement Index was 73 percent governmentwide, the highest on record, with a 41 percent response rate (OPM) [VERIFY ANNUALLY].
- ✓Executive agencies must survey employees every year (5 CFR 250.302); OPM has said it will no longer centrally administer the FEVS and gives agencies core questions to ask instead.
- ✓BLS JOLTS, August 2026 (preliminary, released September 29, 2026): quits 3.1 million (rate 1.9 percent); total separations 5.1 million (3.2 percent); layoffs and discharges 1.6 million (1.0 percent) [VERIFY ANNUALLY].
- ✓Median tenure with the current employer was 4.1 years in January 2026, up from 3.9 years in January 2024 (BLS) [VERIFY ANNUALLY].
- ✓NLRA Section 7 protects private sector employees who act together on working conditions; an unfair labor practice charge generally must be filed within six months (29 U.S.C. 160(b)).
- ✓An EEOC charge generally must be filed within 180 calendar days, or 300 days where a state or local agency enforces a similar law (EEOC).
What it means in practice
What the term means. In HR, employee engagement describes how committed people are to their jobs and their organization. The U.S. Office of Special Counsel quotes OPM's definition: "employees' sense of purpose that is evident in their display of dedication, persistence, and effort in their work and overall attachment to their organization and its mission." GAO has described it as "the sense of purpose and commitment employees feel towards their employer and its mission" (GAO-15-529T). Engagement is a management concept, not a legal status, but the tools employers use to raise it, such as surveys, committees, meetings and wellness incentives, run into federal rules covered below. The work often sits with the human resources (HR) function.
How the federal government measures it. OPM's Employee Engagement Index (EEI), built from FEVS questions, measures "critical workplace conditions conducive to employee engagement." It has three subindices: Leaders Lead (leadership integrity, communication and motivation), Supervisors (trust, respect and support) and Intrinsic Work Experience (motivation and competency in the role). Since 2022 OPM has also used a five-item Employee Experience Index to measure whether employees actually experience engagement. The distinction helps any employer: asking whether your supervisor listens to you measures a condition, while asking whether your job inspires you measures the outcome.
What the federal results show. In the 2024 FEVS, OPM invited over 1.6 million federal employees and 41 percent responded. The governmentwide EEI was 73 percent, with Leaders Lead at 63, Supervisors at 81 and Intrinsic Work Experience at 75. Among the lowest-scoring items was "I believe the results of this survey will be used to make my agency a better place to work" (49 percent positive). GAO found six key drivers of the EEI: constructive performance conversations, career development and training, work-life balance, an inclusive work environment, employee involvement and communication from management (GAO-15-529T). See performance review, paid time off (PTO) and diversity.
Small groups and small changes. GAO warned that OPM did not report whether EEI changes were statistically significant; only 34 percent of absolute changes in agency scores from 2013 to 2014 were, and in smaller units large differences were not always significant. A small business comparing year-over-year scores faces the same problem.
Who the federal survey rules cover. The annual survey mandate applies to executive agencies (5 CFR 250.301 and 250.302), which must post results publicly, including how the survey was conducted and how many employees were surveyed and completed it, unless national security would be jeopardized (5 CFR 250.303). These rules do not apply to private employers. OPM's July 2026 Employee Survey Playbook says agencies must submit data to OPM and OMB within 90 days of survey completion; private employers can still borrow its practices.
Anonymous or confidential. OPM's playbook separates two methods. In an anonymous survey, identities are not collected or linked to responses, which may increase candor but limits follow-up. In a unique-link survey, each participant gets a personal link tied to a participation record, which needs stronger privacy safeguards. OPM recommends telling employees whether responses are anonymous or confidential, who can see the data and how results will be reported, and notes that pulling work-unit data from personnel records means the survey cannot be anonymous. OPM tells agencies to suppress results for any group with fewer than 10 respondents, with higher thresholds where demographic combinations could identify individuals.
A step-by-step approach drawn from OPM's playbook. (1) Decide who is eligible, for example everyone onboarded by a cutoff date; see onboarding. (2) Choose anonymous or confidential administration and say which in the invitation. (3) Write one idea per item and avoid leading wording. (4) Set a minimum reporting group size. (5) Brief leaders first, then managers, then all employees. (6) Pick two or three priorities, assign owners and timelines, tell employees what will and will not be addressed and why, and at the next survey share what changed.
A manager's team returns 8 responses. Under OPM's 10-respondent minimum, that team gets no separate report; its answers are reported only as part of a larger unit with at least 10 respondents. If the larger unit has 12 respondents and one demographic subgroup within it has 3, the subgroup is also suppressed.
Turnover as an outside benchmark. The Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS), drawn from about 21,000 establishments, says quits "are generally voluntary separations initiated by the employee," so the quits rate "can serve as a measure of workers' willingness or ability to leave jobs." Retirements, transfers, disability and deaths are counted as other separations. Each rate is separations during the month divided by employment, times 100. JOLTS Table 4 shows how rates vary: for August 2026 (preliminary, seasonally adjusted) the quits rate was 3.5 percent in accommodation and food services, 3.0 percent in retail trade, 1.6 percent in manufacturing and 0.7 percent in government. BLS revises these figures, so check the current release.
A 40-person company has 2 employees resign voluntarily in a month. Using the JOLTS method, its quits rate is 2 divided by 40, times 100, or 5.0 percent for that month. Retirements and transfers would be counted separately, as BLS does, and one month at a company this size is a very small sample. Capturing the reasons behind quits is the job of an exit interview.
Tenure. BLS reports median tenure with the current employer of 4.1 years in January 2026. Median tenure for workers ages 55 to 64 (9.6 years) was more than three times that of workers ages 25 to 34 (3.0 years), and public sector workers had a median of 5.6 years against 3.9 years in the private sector. Age-related tenure patterns are one input to a succession plan.
Labor law: who is covered. The National Labor Relations Act's definition of employer excludes the United States, states and their political subdivisions, and its definition of employee excludes agricultural laborers, domestic workers in a family's home, independent contractors and supervisors, among others (29 U.S.C. 152(2) and (3)). A supervisor has authority, using independent judgment, to hire, discipline, reward or responsibly direct others, or to effectively recommend such action (29 U.S.C. 152(11)).
Section 7 and engagement feedback. Section 7 protects "concerted activities for the purpose of collective bargaining or other mutual aid or protection" (29 U.S.C. 157). The NLRB lists examples such as talking with coworkers about wages, benefits or working conditions and joining coworkers to raise problems with the employer, and says employers may not discipline, threaten or coercively question employees about it. Group complaints raised in a survey or town hall can be this kind of activity. Work rules that reasonably tend to inhibit Section 7 rights also violate Section 8(a)(1); see employee handbook.
Surveys during a union campaign. The NLRB says soliciting grievances during a union campaign implies a promise of benefits and is unlawful, but an employer that regularly solicited grievances before the campaign may continue that practice unchanged. Promising benefits if employees reject the union, and coercively questioning employees about union sympathies, are also unlawful. Polling about union support is permitted only with all of the NLRB's safeguards, including a genuine purpose, assurances against reprisal and a secret ballot. Spying on union activity, or creating the impression of it, is unlawful. Section 8(c) protects employer views that contain no threat of reprisal or force or promise of benefit (29 U.S.C. 158(c)).
Employee committees. A labor organization includes any "employee representation committee or plan" that exists, even in part, to deal with the employer about grievances, wages, hours or conditions of work (29 U.S.C. 152(5)), and an employer may not dominate or interfere with one or contribute financial or other support to it (29 U.S.C. 158(a)(2)). An engagement committee that deals with management over working conditions can raise this issue, so get advice before setting one up.
Retaliation under the EEO laws. The EEOC says the EEO laws prohibit punishing applicants or employees for asserting their rights, including communicating with a manager about discrimination or harassment and answering questions in an employer's harassment investigation. Its 2016 enforcement guidance says such opposition "may be informal and need not include the words 'harassment,' 'discrimination,' or any other legal terminology," and that retaliation reaches any action that "might well deter a reasonable person" from protected activity. A survey comment complaining of discrimination may therefore be protected; the EEOC's examples of retaliation include a lower-than-deserved evaluation and increased scrutiny.
Paying for engagement time. For non-exempt employees under the Fair Labor Standards Act, attendance at lectures, meetings, training programs and similar activities is not working time only if it is outside regular hours, in fact voluntary, not directly related to the job and involves no productive work (29 CFR 785.27). Attendance is not voluntary if the employer requires it or the employee is led to believe that working conditions or continued employment would suffer from not attending (29 CFR 785.28). Work the employer knows is being done, even at home, is work time (29 CFR 785.11 and 785.12).
A non-exempt employee paid $20 an hour works 39 hours and is then required to attend a 2-hour engagement workshop. Required attendance is not voluntary, so the week totals 41 hours and the employee is owed 40 hours at $20 ($800) plus 1 hour at $30 ($30), or $830, under the federal rule. See overtime.
Wellness incentives. For a wellness program offered through a group health plan, DOL guidance says a participatory program, where no reward depends on meeting a health standard (such as reimbursing gym memberships), complies if it is available to all similarly situated individuals. A health-contingent program, which ties a reward to an activity or health outcome, must meet five requirements, including a chance to qualify at least once a year, a reasonable alternative standard and a total reward that generally does not exceed 30 percent of the cost of employee-only coverage (50 percent for programs designed to prevent or reduce tobacco use). The ADA allows voluntary medical examinations within an employee health program, with results kept in separate, confidential medical files (42 U.S.C. 12112(d)); see Americans with Disabilities Act (ADA).
Suppose employee-only coverage under a plan costs $8,000 a year. Under the DOL guidance, the total reward for its health-contingent programs generally may not exceed 30 percent of that cost, or $2,400.
Where states differ. As one example, Minnesota Statutes section 181.531 bars employers from disciplining or threatening employees who decline to attend an employer-sponsored meeting held to communicate the employer's opinion on religious or political matters, a term that includes the decision to join or support a labor organization; wholly voluntary meetings and communications needed for job duties are not limited. As another, the California Labor Commissioner's retaliation FAQ says most Labor Code retaliation complaints must be filed within one year. Check your own state labor department.
Questions employers ask. Must a private employer run an engagement survey? Not under federal law; the annual survey duty applies to executive agencies (5 CFR 250.302). Can we survey during an organizing campaign? Newly soliciting grievances then can imply a promise of benefits; a regular, pre-existing practice may continue unchanged (NLRB). Is survey time paid? For non-exempt employees, time you require is not voluntary, so it is hours worked (29 CFR 785.28). What if a comment reports harassment? Treat it as a possible complaint, and avoid any action against the writer that might deter a reasonable person (EEOC). Confirm specifics with the agency or a qualified professional.
Why it matters and common mistakes
Promising an anonymous survey and then linking responses to names through unique links or personnel data.
Reporting results for groups too small to protect identities; OPM uses a minimum of 10 respondents.
Launching a new survey or suggestion program in the middle of a union campaign, which the NLRB treats as an implied promise of benefits.
Trying to identify or discipline the author of a critical comment, which can look like surveillance under the NLRA or retaliation under the EEO laws.
Treating a required after-hours engagement event as unpaid for non-exempt employees (29 CFR 785.27 and 785.28).
Reading a few points of change in a small group's scores as a real trend, the error GAO warned about.
Running a survey and never sharing results or actions; fewer than half of 2024 federal respondents believed results would be used to make their agency better.
How Remindax helps
Remindax helps you track the dates and deadlines tied to employee survey cycles and follow-up actions and sends reminders before they're due.
- ✓Reminders by Email, SMS and WhatsApp
- ✓An owner and a due date on every item
- ✓Forever-free plan, no credit card required
Sources & References
- *U.S. Office of Special Counsel - Employee Engagement at OSC - quotation of OPM's definition of employee engagement
- *OPM - 2024 FEVS Governmentwide Management Report (revised April 2025) - EEI definition and subindices; 2024 EEI 73 percent and subindex scores; 1.6 million invited, 41 percent response rate; lowest-scoring items; Employee Experience Index
- *OPM - FEVS Governmentwide Reports - 2024 reports listed as current
- *OPM - Measure What Matters - FEVS postponed; OPM will no longer centrally administer FEVS; common core questions for agencies
- *OPM - Employee Survey Playbook (July 2026) - annual survey each fiscal year; 90-day data submission; anonymous vs unique-link administration; 10-respondent suppression; rollout and action planning steps
- *eCFR - 5 CFR Part 250 Subpart C (Employee Surveys) - sections 250.301-250.303: executive agencies must survey annually and post results
- *GAO-15-529T - Federal Workforce: Preliminary Observations on Strengthening Employee Engagement (April 16, 2015) - description of engagement; six key drivers of the EEI; statistical significance of EEI changes
- *BLS - Job Openings and Labor Turnover Summary (August 2026) - August 2026 quits, total separations, layoffs and discharges levels and rates; definition of quits; release date
- *BLS - JOLTS Table 4, Quits levels and rates by industry - August 2026 preliminary quits rates by industry
- *BLS - JOLTS Technical Note - sample of about 21,000 establishments; other separations definition; rate formula
- *BLS - Employee Tenure (January 2026) - median tenure 4.1 years January 2026; by age and sector
- *NLRB - Interfering with Employee Rights (Section 7 and 8(a)(1)) - soliciting grievances, promises of benefits, coercive questioning, polling safeguards, surveillance, work rules
- *NLRB - Concerted Activity - examples of protected concerted activity
- *GovInfo - 29 U.S.C. 152 (NLRA definitions) - employer and employee exclusions; labor organization; supervisor
- *GovInfo - 29 U.S.C. 157 (NLRA Section 7) - Section 7 rights
- *GovInfo - 29 U.S.C. 158 (Unfair labor practices) - 8(a)(2) employer domination or support; 8(c) expression of views
- *GovInfo - 29 U.S.C. 160 (Prevention of unfair labor practices) - six-month limit for charges, 160(b)
- *EEOC - Retaliation - protected activities and examples of retaliation
- *EEOC - Enforcement Guidance on Retaliation and Related Issues (August 25, 2016) - informal opposition; materially adverse action standard
- *EEOC - Time Limits for Filing a Charge - 180 and 300 calendar day limits
- *eCFR - 29 CFR Part 785 Hours Worked - sections 785.11, 785.12, 785.27, 785.28: suffered or permitted work; meetings and training test; involuntary attendance
- *DOL Fact Sheet #22 - Hours Worked Under the FLSA - lectures, meetings and training programs conditions
- *DOL EBSA - HIPAA and the Affordable Care Act Wellness Program Requirements - participatory vs health-contingent programs; five requirements; 30 and 50 percent reward limits
- *GovInfo - 42 U.S.C. 12112 (ADA) - voluntary medical examinations in employee health programs; confidential separate medical files
- *Minnesota Statutes 181.531 (Employer-sponsored meetings) - state example: meetings on religious or political matters, including labor organizations
- *California DIR (Labor Commissioner) - Retaliation Complaints FAQ - state example: one-year filing period for most Labor Code retaliation complaints
Last reviewed: October 2026. Figures are reviewed annually - see Sources & References for current figures.
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