Out with the Old (posters), and In with the New!

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As we approach that time of year where spring cleaning is in full swing, remember to review your workplace posters for compliance with updated versions and new material.  For instance, the U.S. Department of Labor recently released a new “Employee Rights Under the Fair Labor Standards Act” poster to include provisions addressing the Providing Urgent Maternal Protections for Nursing Mothers (“PUMP”) Act.  For more on the PUMP Act, we published a prior Alert describing its relevant requirements that you can find here.  As you’re spring cleaning breakrooms and posterboards, you should replace your prior Employee Rights under the FLSA poster with the DOL’s latest version.

The DOL also updated its Family and Medical Leave Act poster just last month, so you should replace the prior version with the new April 2023 version.  Next month, the DOL is expected to update its “Know Your Rights: Workplace Discrimination is Illegal” poster to incorporate new information about the Pregnant Workers Fairness Act, which goes into effect on June 27, 2023.  Our prior Alert covering the PUMP Act also addresses employer requirements under the Pregnant Workers Fairness Act.  Keep a lookout for the DOL’s new Know Your Rights poster and switch it out with the updated version when it is released.  In addition to these federal poster updates, dozens of states have new poster laws in 2023, so be sure to check each state’s laws where your company has employees for compliance.

For employers with remote workers, the DOL’s Field Assistance Bulletin 2020-7 provides helpful guidance about electronic posting and distribution of DOL-required posters to employees who do not physically visit a worksite to do their jobs. 

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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