Have You Updated Your Federal Employee Posters?

On August 1, 2016, the Department of Labor (DOL) issued updated posting requirements for the Employee Polygraph Protection Act (EPPA) and the Employee Rights Under the Fair Labor Standards Act (FLSA). The DOL updated the posters in part because the penalty amounts in the previous posters need to be updated with the increased amounts. The DOL made other changes in these posters, most notably adding to the FLSA poster:

  1. A section on the rights of a nursing mother to a reasonable break time and suitable place (other than a bathroom) to express breast milk for one year after the child’s birth; and
  2. Information regarding classifying workers as independent contractors, rather than as employees, emphasizing that all employees generally are entitled to the minimum wage and overtime pay protections

The FLSA poster must be displayed in a prominent and conspicuous location where employees can readily observe them. Posters must be posted at each location. The EPPA poster must be displayed where job applicants can readily observe it along with the posters on the Family and Medical Leave Act (FMLA) and Equal Employment Opportunity (EEO). In addition, if an employer posts jobs on the internet, the DOL recommends that the employer state on its job postings website that “Applicants have rights under Federal Employment Laws,” and have links to the EPPA, FMLA and EEO posters. It is important to note, however, that posting the notice on a website is not a substitute for displaying the posters in conspicuous places on the employer’s premises.

If you have not updated your posters, you should do so immediately. You can print out copies here:

Fair Labor Standards Act (FLSA)

Notice: Employee Polygraph Protection Act

In addition, there are state and local posting requirements and you should check with you local and state labor laws for any additional requirements.

Notice: The information contained in this article is abridged from legislation, court decisions, and administrative rulings and should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.

Wednesday, September 7, 2016