2023 Update: New Federal Labor Law Posters From the DOL and EEOC

Long-awaited changes to federal labor law posters are finally here — and one more is on the way.

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, the Equal Employment Opportunity Commission (EEOC) has announced that it will be releasing a notice update by the end of June.

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 Upcoming EEOC Labor Law Poster Update

The EEOC has announced a mandatory update to its “Know Your Rights: Workplace Discrimination Is Illegal” poster. The notice will address the Pregnant Workers Fairness Act, which goes into effect on June 27, 2023. The new notice is scheduled for release at the end of June 2023.

Ensuring Compliance With Federal Posting Requirements

To remain compliant, employers can take the following steps:

• Print and post the FMLA and FLSA notices we are sharing with our customers next to your current poster.
• Stay tuned for updates regarding the EEOC notice release scheduled for the end of June.

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 will update our federal poster again as soon as the EEOC updates its “Know Your Rights” labor law poster after June 27, 2023, and will ship our 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’s latest notices. Of course, we will update these digital products again in late June when the new EEOC posting comes out.

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. New customers will receive posters shipped immediately and receive updated poster once the EEOC notice becomes available.