EMPLOYMENT LAW NEWS
2023 Federal Labor Law Poster Updates
By Kris Janisch
Published May 11, 2023
The 2023 federal poster updates illustrate the challenges of labor law poster compliance for large employers.
There are two 2023 federal labor law poster updates for employers to monitor.
In April 2023, the U.S. Department of Labor (DOL) released a new Fair Labor Standards Act (FLSA) Minimum Wage Poster.
The DOL announced the changes to the poster — under the section on the rights of nursing mothers to pump breast milk — constitute a mandatory update. It must be displayed by employers with 50 or more workers.
Meanwhile, the U.S. Equal Employment Opportunity Commission (EEOC) is poised to again update its new Know Your Rights: Workplace Discrimination is Illegal poster. It was previously updated in October 2022 — replacing the EEO is the Law poster — and is required for employers with 15 or more workers.
Get More Out of Your Labor Law Poster Program
2023 FLSA Poster Update
Starting with the 2023 FLSA poster update, the changes are the result of the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP), which passed last year.
The right for nursing mothers to pump breast milk previously only applied to nonexempt workers. That reference has been removed from the FLSA poster.
Also, the new poster makes clear that only narrow exceptions to the PUMP Act apply.
Lastly, that section regarding the rights of expecting mothers to express breast milk is now called “Pump at Work.”
The updates to the FLSA poster are mandatory and covered employers must display the new version.
Language under the revised Pump at Work section of the poster reads:
The FLSA requires employers to provide reasonable break time for a nursing employee to express breast milk for their nursing child for one year after the child’s birth each time the employee needs to express breast milk. Employers must provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.
As a refresher, the FLSA poster also includes details on:
- Minimum wage
- Overtime pay
- Child labor
- Tip credits
- Other information
2023 EEOC Poster Update
On the heels of the FLSA update, there looks to be another federal labor law poster update at hand.
Despite the new poster being released last fall, the EEOC’s Know Your Rights: Workplace Discrimination is Illegal poster could see another mandatory update.
The EEOC poster update would likely come in late June 2023, when the Pregnant Workers Fairness Act takes effect.
FMLA Poster Update
Lastly, the Family and Medical Leave Act poster also was revised in April 2023.
However, it is a non-mandatory update and the April 2016 and February 2013 versions still fulfill the posting requirement.
Labor Law Poster Compliance
The recent federal poster updates illustrate the challenges of labor law poster compliance for large employers.
But the complexities are generally found at the state, county and city levels, rather than federal.
ZIP Codes Don’t Cut It for Employment Law Compliance
In progressive areas of the country, like the West Coast, employers must constantly research and monitor new laws to determine whether a labor law poster is required. Of course, not all new laws come with a posting requirement. These are generally related to:
- Employee rights
- Employee leave
- Unemployment insurance
- Child labor
- Workers’ compensation
- Employment discrimination
- Human trafficking
- Workplace safety
- Wage and hour
Still, the 2023 federal labor law poster updates are yet another example of the difficulties facing organizations of all sizes when it comes to employment law compliance.
Before October 2022, it had been about six years since the last federal labor law poster update.
But with the latest news about the updates to the FLSA and EEOC posters, employers should prepare to get new posters displayed in their locations.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
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