Employers need to make sure they display two revised posters issued by the Department of Labor regarding the Family and Medical Leave Act and the Fair Labor Standards Act
“Employers will need to take action to remain in compliance with their posting obligations under these laws,” says attorney Fiona W. Ong of the law firm of Shawe Rosenthal.
Both the FMLA and FLSA require that these notices be displayed in a “conspicuous” location in each establishment.
DOL also states electronic posting is sufficient if all the employer’s employees exclusively work remotely, customarily receive information from the employer by electronic means, and always have readily available access to electronic posting.
“In other words, if any employees work on-site, electronic posting alone will not be sufficient,” explains Ong.
Employers covered by the FMLA (private employers with 50 or more employees within a 75-mile radius) are required to display a DOL notice informing employees of their rights under that law.
Every employer whose employees are covered by the FLSA minimum wage provisions (meaning non-exempt employees) must post a DOL notice explaining the act, including its minimum wage, overtime, and child labor provisions.
The poster has been revised to include obligations under the new Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, which expands existing lactation protections for nursing mothers under the FLSA.DOL says the February 2013 and April 2016 versions of the FMLA poster still can fulfill that law’s posting requirement. However, the older versions of the FLSA poster will not continue to satisfy the posting obligation. A copy of the revised FLSA poster can be downloaded from the DOL’s webpage here.
