Employment Law Update:  Updated Department of Labor Posting Requirements

In response to the Pregnant Workers Fairness Act and the PUMP for Nursing Mothers Act, the Department of Labor is in the process of updating required Employment Law posters. At the end of April, the Department of Labor issued a new FLSA poster and a new FMLA poster.

The updates to the FLSA poster address the expanded group of covered employees who are entitled to lactation breaks under the PUMP for Nursing Mothers Act. As discussed in our January Employment Law Update, this Act expands the right to lactation breaks to include both exempt and non-exempt employees, with exceptions for certain workers in the transportation industry and small employers who can demonstrate an undue hardship. This Act largely took effect on December 29, 2022, but the available remedies for violations of the PUMP for Nursing Mothers Act became effective on April 28, 2023. Any versions of the FLSA poster prior to the April 2023 version are no longer compliant with Department of Labor posting requirements.

The update to the FMLA poster is less substantial, and the April 2016 and February 2013 versions of the poster will still fulfill the posting requirement, according to the Department of Labor website. However, as a best practice, the posters should be updated to the most recent version as soon as practicable. Employers who purchase all-in-one posters may postpone this update until the next time they update their all-in-one poster.

The Department of Labor is expected to continue to update required posters, including an anticipated update to the “Know Your Rights: Workplace Discrimination is Illegal” poster on June 27, 2023, to reflect the changes under the Pregnant Workers Fairness Act. As discussed in our January Employment Law Update, this Act provides protections against discrimination based on pregnancy and provides for temporary workplace accommodations related to pregnancy. The Pregnant Workers Fairness Act will become effective on June 27, 2023.

With the upcoming changes to required posters on June 27, 2023, employers who purchase all-in-one posters may consider waiting to update the full poster until after that time. Many all-in-one posters will include all three updates. However, employers will still need to post the updated FLSA poster as soon as possible to remain in compliance with posting requirements. A printable copy of the updated FLSA poster can be found on the Department of Labor website.

If you have any questions related to this announcement or other employment law matters, contact Sarah Glaser, Chair of Lloyd Gosselink’s Employment Law Practice Group, at 512.322.5881 or sglaser@lglawfirm.com, or Jessica Maynard at 512.322.5807 or jmaynard@lglawfirm.com.  Prepared by Sarah Glaser, Chair of the Firm’s Employment Practice Group, Jessi Maynard, an Associate in the Firm’s Employment Practice Group, and Michelle White, a UT School of Law student. 

If you have any questions related to this announcement or other employment law matters, contact Sarah Glaser, Chair of Lloyd Gosselink’s Employment Law Practice Group, at 512.322.5881 or sglaser@lglawfirm.com, or Jessica Maynard at 512.322.5807 or jmaynard@lglawfirm.com.  Prepared by Sarah Glaser, Chair of the Firm’s Employment Practice Group, Jessi Maynard, an Associate in the Firm’s Employment Practice Group, and Michelle White, a UT School of Law student.