The U.S. Department of Labor has issued regulations requiring employers to post two revised workplace posters. The regulations took effect August 1, 2016.
The first new poster, “Employee Rights Under The Fair Labor Standards Act” poster, contains new information about the rights of nursing mothers under the FLSA to take reasonable breaks to express milk for a period of one year following birth of their child. It also instructs them that their employer must provide a workplace location shielded from view and free from intrusion. The location may not be a bathroom.
The new FLSA poster also contains a new section about independent contractor misclassification, as well as information in the “tip credit” section that instructs employers of tipped employees who meet certain conditions that they may claim a partial wage credit based on tips received. The poster, available in 10 different languages, is available at: https://www.dol.gov/whd/regs/compliance/posters/flsa.htm.
The second revised poster is the “Employee Rights—Employee Polygraph Protection Act” poster. The only substantive change to this poster was the removal of a reference to the amount of possible penalties. The new poster also contains new contact information for the DOL. This poster, available in English and Spanish, is available at: https://www.dol.gov/whd/regs/compliance/posters/eppa.htm.
Finally, for employers with 50 or more employees, the Department of Labor previously released an updated Family and Medical Leave Act (FMLA) poster in April, 2016. Unlike the FLSA and Employee Polygraph Protection Act posters, the updated FMLA poster contains substantial revisions. This revised poster, available in English and Spanish, is available at: https://www.dol.gov/whd/regs/compliance/posters/fmla.htm.
Conclusion
Employers with questions concerning workplace posters mandatory under federal and state laws should not hesitate to contact their experienced employment law counsel. We can assist.