Mandatory Labor and Employment Law Poster Updates

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Attention employers -- some mandatory labor and employment law posters just received updates to reflect new laws and updates to existing laws. In April 2023, the United States Department of Labor (USDOL) gave the FLSA Poster a facelift, adding details of the recently-passed PUMP Act to its content. The FMLA Rights Notice has also recently seen a significant update. Further, the EEOC also announced a new, updated “Know Your Rights” Poster is in the works to be distributed by June 2023. Below is a summary of the changes and what is reflected in newly updated posters.  

FLSA Poster
In April 2023, the USDOL revised its Fair Labor Standards Act Poster to include information related to the PUMP Act: “Pump At Work”. 

When the PUMP Act first passed in 2022, the coverage only applied to non-exempt workers. Now, these protections have been extended to all nursing employees, regardless of their pay status. The new information in the updated poster outlines the rights for nursing employees to pump breast milk in a private space for a reasonable period of time each day up to one year after the birth of their child.

The updated FLSA Poster can be found here.

All employers must display the updated FLSA Poster as soon as possible.

FMLA Rights Notice
The FMLA poster has also undergone a slight change with a new “question-answer” format. While employers are still technically in compliance with the FMLA by posting the prior version of the poster, posting the updated version is recommended. In light of the other updated posters outlined in this article, this one should also be added to the list.  

The updated FMLA Poster can be found here.

EEOC “Know Your Rights” Poster
Finally, the EEOC is still updating its “Know Your Rights” Poster to reflect the Pregnant Workers Fairness Act (PWFA), which will go into effect June 27, 2023. All employers must display the new “Know Your Rights” Poster once it is published by the USDOL, which is expected to be completed and available prior to the effective date of the PWFA. The update is expected to highlight a covered employer’s obligation to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation causes the employer an “undue hardship.”

Conclusion
Companies who fail to post the most current labor and employment law posters in their workplace typically can face significant financial penalties. Regular review and updates to your company’s labor and employment posters are important and should be conducted no less than on an annual basis.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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