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'Employee Rights' Poster Requirements

Updated: May 26, 2023


By Leah Shepherd

May 10, 2023

The U.S. Department of Labor (DOL) has released a new "Employee Rights Under the Fair Labor Standards Act (FLSA)" poster to reflect recent legal changes made under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. Employers must replace their older versions with the new version because the older versions of the FLSA poster are no longer compliant.

We've gathered a group of articles on the news from SHRM Online and other trusted sources.
 

More Changes Coming


These mandatory posting changes come on the heels of an October 2022 change to the Equal Employment Opportunity Commission's (EEOC) "Know Your Rights" poster. But more changes are expected. On June 27, the EEOC is expected to update its "Know Your Rights: Workplace Discrimination is Illegal" poster with new information about the Pregnant Workers Fairness Act.

As a result, employers may want to hold off on displaying a new all-in-one poster. The temporary FLSA poster can be displayed alongside an all-in-one poster until all mandatory changes are available.

In addition to the federal posting changes, more than 35 state posting changes have already been announced in 2023, with many more expected to follow.


FMLA Poster:

The DOL recently made minor changes to the Family and Medical Leave Act (FMLA) poster.

The April 2016 and February 2013 versions of the FMLA poster still fulfill posting requirements, meaning employers don't have to immediately replace the posters that may be captured in a combination posting. However, as a best practice, employers should consider posting the April 2023 FMLA poster as soon as practicable.

(Atkinson Andelson Loya Ruud & Romo via Lexology)


Easily Viewed Display:

Employers must have the legal posters conspicuously posted at each worksite. Required posters must be displayed so they are easily visible to the intended audience, according to the DOL. Some posters must be visible by job applicants, as well.

In response to the large number of employees working remotely in 2020, the DOL issued Field Assistance Bulletin 2020-7, addressing when the DOL will consider electronic posting by employers via e-mail or an Internet or intranet website to satisfy the employer's requirement to provide employees with required notices.


Update for PUMP Act:

The PUMP Act largely took effect Dec. 29, 2022, but changes to remedies took effect April 28, 2023. The law expands the right of nursing mothers to take breaks and have a private place to express breast milk during the workday.

While the Affordable Care Act amended the FLSA to provide lactation protections to nonexempt employees, the PUMP Act extends these protections to virtually all employees, including those who are exempt. Certain workers in the transportation industry are excluded from the PUMP Act.

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