New Employment Poster Requirements

By Christine M. Zinter - Bullard Law

May 16, 2023

The U.S. Department of Labor (DOL) has released a new Employee Rights Under the Fair Labor Standards Act (FLSA) poster to reflect the recent changes made under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. This law expands the rights of nursing employees to take breaks and have a private place to express breast milk during the workday. Follow the hyperlink to download the new poster.

Employers must replace older versions with this new version because older ones are no longer compliant.

Read further to see if you’ve missed any other recent poster changes (there have been a few):

In addition to the change to the FLSA poster, you may have missed an October 2022 change to the Equal Employment Opportunity Commission’s (EEOC) Know Your Rights: Workplace Discrimination is Illegal poster. However, more changes are expected toward the end of June 2023, so you may want to post the temporary FLSA poster alongside any all-in-one posters you may have.

There’s also an April 2023 update to the DOL’s Your Employee Rights Under the Family and Medical Leave Act (FMLA). The April 2016 and February 2013 versions remain compliant, though as a best practice, employers should consider posting the most recent version as soon as possible.

Effective January 1, 2023, Oregon employers should be posting the new Paid Leave Oregon Notice. Employers should also update their worksite posters with Oregon’s new minimum wage rates that become effective July 1, 2023.

For a list of all required worksite posters, check out the webpage at the Oregon Bureau of Labor & Industries or Washington’s Workplace Posters: Required and Recommended.

With remote work having become more prevalent, the DOL prepared Field Assistance Bulletin No 2020-7 addressing the need to post required notices electronically. In brief, where an employer has employees on-site and working remotely, the employer should supplement the hard-copy posting requirement with an electronic posting where (1) affected individuals must be capable of accessing the electronic posting without having to specifically request permission to view the file or access a computer, and (2) the employer takes steps to inform employees of where and how to access the electronic notice.

As a best practice, employers may want to email downloaded .pdf copies of these policies to their off-site employees or put up the posters and simply take a photograph of the postings and circulate that photo to all employees.

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