Mandatory Federal Poster Updates Take Effect Today

Author: Marta Moakley, Legal Editor

August 1, 2016

Employers must comply with two mandatory federal poster changes, effective today. The US Department of Labor (DOL) has updated its Fair Labor Standards Act (FLSA) poster and the Employee Polygraph Protection Act (EPPA) poster.

Print copies of the updated posters provided by the DOL are not yet available for order, but an employer may download the revised poster from the DOL's website.

The poster changes stem from legislative changes, including the 2015 Amendments to the Inflation Adjustment Act, which adjusts penalty amounts under a number of laws enforced by the DOL and the US Department of Justice. The penalty amounts were removed from the updated posters.

In addition, the FLSA poster now includes information regarding the rights of nursing mothers under the FLSA. Employer responsibilities under the FLSA include providing:

  • Reasonable break time for a nursing mother employee who is subject to the FLSA's overtime requirements in order to express breast milk for her nursing child for one year after the child's birth; and
  • A place, other than a bathroom, that is shielded from view and free from intrusion, which may be used by the employee to express breast milk.

The FLSA and EPPA posters are only two of several federal notices that an employer may be required to post in its workplaces. An employer must post mandatory notices in a prominent and conspicuous place in each of its establishments where the notices can be readily seen by employees and applicants.

In addition, states and certain municipalities have additional mandatory posting requirements.

Changes to posting requirements are frequent, especially in jurisdictions that adjust their minimum wage rates annually. However, updates to notice postings are some of the most difficult to track. Often, a government agency issuing the notices will not alert the public through a press release. In addition, a government-issued poster may not be made available to employers by the new compliance date, due to pending or delayed implementing regulations.

Finally, employers should note that complying with notice-posting requirements may not fulfill an employer's notice requirements: often, information on employee rights and responsibilities must also be included in a written notice or on a paystub.