Mandatory Federal Posters Updates

The U.S. Department of Labor’s Wage and Hour Division has issued two revised mandatory posters relating to the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”). Employers are required to keep these notices posted in a conspicuous place in the workplace where they can be readily seen by employees and applicants. If an employer has more than one location, the posters must be placed at each establishment. Additionally, as employers may recall, DOL guidance from 2020 indicates that employers may post the required posters electronically if certain conditions are met.

The updated FLSA Minimum Wage poster now includes information relating to the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, which went into effect in late 2022. For more information about the PUMP Act and other workplace protections for nursing and pregnant employees, see our earlier client alert here.  Though the updated poster does not contain a date by which employers must post the updated notice, employers should replace any earlier versions of the FLSA poster as soon as possible. The DOL has stated that older versions will not fulfill the posting requirement.

The revised FMLA poster replaces the 2016 version, and now includes language about when employers are considered covered under the FMLA. The poster also explains what the FMLA is, reasons an employee may take FMLA leave, how to request FMLA leave, and employer obligations under the FMLA. The poster also provides a QR code that employees can scan to find out more information about the FMLA. The DOL website currently indicates that the 2016 and 2013 versions of the poster still fulfill the posting requirement, though it’s advisable to display the most current poster.

Employers may also recall from our client alert last year that the EEOC updated its “Know Your Rights: Workplace Discrimination is Illegal” poster in October 2022. However, the EEOC recently issued an updated poster in light of the Pregnant Workers Fairness Act, which goes into effect on June 27. Employers should replace their Know Your Rights Poster with the updated version.

In addition to the above, there are a number of other federal and state-specific required notices which employers may be required to post in the workplace. Individuals with questions about the new posters or posting requirements generally should contact Kate Townley at ktownley@fglawllc.com or any other attorney at the firm.

DISCLAIMER: This alert is provided to clients and friends of the firm for informational purposes only and the distribution of this alert is not intended to, and does not, establish an attorney-client relationship. This alert also does not provide or offer legal advice or opinions on any specific factual situations or matters. This communication may be considered Attorney Advertising. Prior results do not guarantee a similar outcome.