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Head’s Up #HR! Change your Federal Labor Law Posters!!!

Change your Federal Labor Law Posters!!! 

Many thanks to LLAC member Clyde Jacob, and his colleagues at the COATS|ROSE law firm, Walter W. Christy and Amanda Wingfield Goldman for sharing this news about changes in Federal Labor Law posters. 

Giving employers just mere days to comply, the Department of Labor (“DOL”) recently revised its Fair Labor Standards Act (“FLSA”) and Employee Polygraph Protection Act (“EPPA”) posters on July 28. This change is effective as of August 1, 2016.

The EPPA poster contains very few changes, the most significant of which is a deletion of the $10,000 monetary penalty limit in the enforcement section.

The FLSA poster contains a new section regarding an employer’s requirements for nursing mothers. The FLSA mandates that employers provide a reasonable break time for employees who are nursing mothers who are subject to FLSA’s overtime requirements. This break time is to allow the employee to express breast milk for her nursing child for up to one year after the child’s birth each time the employee has a need to express breast milk. The employer must provide a place, other than a bathroom, which is shielded from view and free from intrusion by co-workers and the public, for the employee to express breast milk.

The FLSA poster now includes a warning to employees regarding an employer’s possible incorrect classification of an employee as an independent contractor, and the distinction regarding the
minimum wage and overtime protections of the FLSA which extend to employees.

The FLSA poster also revised its enforcement provisions, which clarified the DOL’s authority to recover back wages, liquidated damages, to litigate, and/or recommend criminal prosecution. The
DOL, as with the EPPA poster, removed the limits of civil monetary penalties for minimum wage, overtime, and child labor violations.

You can find the updated FLSA poster on the DOL’s website at https://www.dol.gov/whd/regs/compliance/posters/eppa.htm and the EPPA poster
at https://www.dol.gov/whd/regs/compliance/posters/eppa.htm.