*UPDATED JUNE 19, 2023*
Long-awaited changes to federal labor law posters are finally here. In April, the U.S. Department of Labor (DOL) updated two of its federal workplace notices: its Family and Medical Leave Act (FMLA) poster and its Fair Labor Standards Act (FLSA) poster. Additionally, in June, the Equal Employment Opportunity Commission (EEOC) updated the “Know Your Rights: Workplace Discrimination Is Illegal” poster.
Below, we summarize key changes to the federal notices along with what you need to know to ensure your worksite posters comply with federal regulations.
The New FMLA Labor Law Poster
The updated FMLA notice contains information about employee and employer rights and responsibilities in a Q&A format. A QR code was also added so that users can access information quickly and easily through a mobile device.
This change reflects a nonmandatory update to the FMLA notice, and the April 2016 and February 2013 versions still comply with the posting requirement. However, displaying the poster is a best practice that employers should follow.
The New FLSA Labor Law Poster
The new version of the FLSA poster reflects recent amendments pertaining to break time for nursing employees under the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as the PUMP Act, which expands the right of nursing mothers to take breaks and express breast milk in a private place during the workday. These protections are extended to almost all employees, including exempt employees.
Unlike the FMLA poster, the FLSA poster update is mandatory. Therefore, prior versions of the notice no longer fulfill the requirement and must be replaced.
The New EEOC Labor Law Poster Update
The EEOC has released a mandatory update to its “Know Your Rights: Workplace Discrimination Is Illegal” poster. The notice addresses the Pregnant Workers Fairness Act, and goes into effect on June 27, 2023.
- The Know Your Rights: Workplace Discrimination is Illegal notice has been updated to include more rights for employees who are disabled, pregnant, or with a related medical condition.
- The sections “What Types of Employment Discrimination are Illegal?” and “What Employment Practices can be Challenged as Discriminatory?” are now updated with the inclusion of more categories – disability, pregnancy, or related medical condition to protect against discrimination.
Ensuring Compliance With Federal Posting Requirements
To remain compliant, employers can take the following steps:
- Print and post temporary FMLA, FLSA, and EEOC notices to place next to your current poster.
- Compliance Plan customers will receive their updated poster as we will start shipping updates as soon as possible.
- If you are not a Compliance Plan Customer, now is a great time to purchase one to ensure you receive the current posters and future updates for the duration of your plan.
For employers with Spanish-speaking workers, note that Spanish versions of the posters are not currently available.
How to Stay Up-to-Date on Changes to Federal Labor Law Posters
We’re here to help ensure that your business is in full compliance with the latest posting requirements.
We’ve already updated our federal labor law poster to reflect the DOL’s recently released FMLA and FLSA notices. We are currently updating the federal poster again with the recently released EEOC update, and will ship posters to our Compliance Plan subscribers as soon as possible.
We’ve also updated our digital products (eComply and Virtual Compliance Guide) to reflect the DOL and EEOC notices.
Until then, reach out if you have any questions about these updated posters. And don’t forget to sign up for our State and Federal Compliance Plan.