Workplace Poster Update
Calling all workplace posting areas! Your workplace kitchen, common meeting area or company bulletin board hopefully teems with the 18 required federal and state labor law posters. But get ready to change out a couple of notices. Please be aware of two mandatory mid-year poster changes:
1) The FEDERAL MINIMUM WAGE NOTICE has been updated
- Details about the Provide Urgent Maternal Protections (PUMP) for Nursing Mothers Act have been added to this FLSA poster. The section entitled “Nursing Mothers” has been changed to “Pump at Work”, noting that employers are required 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 for use by the employee.
- The earlier version provided that this right to break time only applied to employees subject to the FLSA’s overtime requirements (i.e., nonexempt workers)
- The posting also notes that certain limited exemptions apply
- According to the Department of Labor website, the poster was last revised April 2023; previous versions, including the August 2016 version, no longer fulfill the posting requirement and should be replaced. Employers may download a pdf of the revised poster at the DOL website.
2) Updates to the KNOW YOUR RIGHTS: WORKPLACE DISCRIMINATION IS ILLEGAL poster
- This poster had just been updated in October 2022
- The EEOC has now further updated the poster to address the Pregnant Workers Fairness Act, which will be in effect June 27, 2023
- Employers should ensure that they have the most recent version posted
- Further details are available here
Minor changes have also been made to the YOUR EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT (FMLA) poster by the Labor Department in April 2023. In this case, however, the earlier April 2016 and February 2013 versions of the poster are still acceptable and fulfill the posting requirement.
As a reminder, although these numerous posters/notices can be e-mailed to employees, the requirement to physically display the posters in the workplace still remains.
Pamphlet changes: Updates to the Paid Family Leave and State Disability Insurance pamphlets by the Employment Development Department are also imminent, so stay tuned.