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Department of Labor Issues More Updated FLSA and FMLA Posters

13 Jun

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Update Applicable to:

All employers

What happened?

The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). 

What are the details?

The FLSA Minimum Wage poster has been updated to reflect employers’ obligations under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act which took effect in December 2022. 

The FMLA Employee Rights poster has been redesigned and includes new language about how a “covered employer” is defined under the law, namely:

  • a private employer that had at least 50 employees during at least 20 workweeks in the current or previous calendar year;
  • an elementary or public or private secondary school, regardless of the number of employees; and
  • a public agency, such as a local, state or federal government agency.

The DOL also notes that the U.S. Equal Employment Opportunity Commission (EEOC) is in the process of updating its “Know Your Rights” poster to address the Pregnant Workers Fairness Act, which takes effect on June 27, 2023 and will require covered employers (including private and public sector employers with at least 15 employees) to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions.

For more information and additional resources, please see the links below:

FMLA Employee Rights poster

FLSA Minimum Wage poster 

Law Firm Article

HRDive Article

FLSA Protections under the PUMP Act

FLSA Break Time for Nursing Mothers Fact Sheet

DOL PUMP Act FAQs

PWFA Page

Breastfeeding State Laws

What do employers need to do?

The DOL advises that covered employers that purchase “all-in-one” notice posters from third party vendors may wish to defer purchasing a new vendor-created poster until after the EEOC releases its updated poster in June 2023 and, in the interim, print and post the updated version of the FLSA poster separately.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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