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08.09.2016 Department of Labor Mandates Updates to Employee Rights Posters By: Lynn F. Jacob

Both the Employee Rights Under the Fair Labor Standards Act (“FLSA”) poster and the Employee Rights Polygraph Protection Act poster that employers are required to post have been revised recently. The Department of Labor mandated that the new posters be posted by August 1st in a place where employees readily can see them.

There are three major revisions to the FLSA poster.  First, it now advises non-exempt nursing mothers of their right to be provided with a reasonable break time to express breast milk and a place, that is not a bathroom and that is shielded from view and free from intrusion by co-workers, in which to do so.  Second, the section on enforcement penalties has been revised to include mention of additional penalties for violations of the FLSA.  Third, it points out that some employers are classifying workers incorrectly as independent contractors thus depriving workers who actually are non-exempt employees of their entitlement to minimum wage and overtime pay protection.

The new Employee Polygraph Protection Act poster contains very few changes, the most significant of which is the deletion of the reference to $10,000 in the enforcement section of the poster.  The bottom right side of the poster notes “rev 07/16”.

Most employers post a 6-in-1 poster that includes the six mandatory federal postings – Updated FMLA, Minimum Wage/FLSA, USERRA, OSHA, EEOC and Employee Polygraph Protection Act.  To download the new posters, please visit the Department of Labor’s website