Department of Labor updates two workplace posters

05/03/2023

FLSA, FMLA posting content revised, but previous versions of posters remain compliant

The Department of Labor (DOL) has made changes to two federal workplace posters:

  1. Employee Rights Under the Fair Labor Standards Act and
  2. Your Employee Rights Under the Family and Medical Leave Act.

Employers are not required to take down their old posters and replace them with the new versions, however. The DOL states that previous versions of the poster remain compliant. Employers can post the:

  • 2023 or 2016 version of the Fair Labor Standards Act (FLSA) poster
  • 2023, 2016, or 2013 version of the Family and Medical Leave Act (FMLA) poster

What is different about the 2023 FLSA posting?

Information about the Provide Urgent Maternal Protections (PUMP) for Nursing Mothers Act has been added to the FLSA poster.

The section on Nursing Mothers is now called Pump at Work. It notes that the law requires employers to provide reasonable break time for a nursing mother to express breast milk and must provide a place, other than a bathroom, that is shielded from view which may be used by the employee.

Previously, the poster stated that this right to break time only applied to employees subject to the FLSA's overtime requirements (i.e., nonexempt workers).

The poster also notes that certain narrow exemptions apply.

What is different about the 2023 FMLA posting?

The FMLA posting has an updated look and format. It uses questions and answers to provide employees with:

  • A description of the law,
  • Eligibility requirements,
  • Leave request information,
  • Employer obligations, and
  • A QR code that links to a website with information on how to file a complaint with the DOL.

What should employers do?

Employers can update their workplace posters with these new versions if they would like, but this is not a DOL requirement.

The updated FLSA poster includes the latest information on employee rights under the PUMP Act, so employers that wish to make employees aware of this update should display the 2023 version of the poster.

Key to Remember: Posting updates are not uncommon and can be confusing. Employers are not required to display the updated FLSA and FMLA posters, but can do so if they wish.

This article was written by Terri Dougherty, PHR, SHRM-CP, of J. J. Keller & Associates, Inc. The content of these news items, in whole or in part, MAY NOT be copied into any other uses without consulting the originator of the content.

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