DOL Releases Updated “Employee Rights Under the Fair Labor Standards Act” and “Your Employee Rights Under the Family & Medical Leave Act” Posters

State Update Overview

In April 2023, the U.S. Department of Labor (DOL) released revised versions of two posters: “Employee Rights Under the Fair Labor Standards Act” and “Your Employee Rights Under the Family & Medical Leave Act”.

The “Employee Rights Under the Fair Labor Standards Act” poster includes changes resulting from the passing of the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP). The DOL initially stated the older version of the FLSA poster would be acceptable. However, the DOL is now mandating all covered employers display the revised version.

“Employee Rights Under the Fair Labor Standards Act” Poster Updates

• The section titled Nursing Mothers has been changed to Pump at Work.
• The right to break time to express breast milk previously only applied to employees subject to the overtime requirement under the FLSA (non-exempt employees). This reference has been removed.
• The revised poster clearly notes that narrow exemptions may apply to the pump at work requirements. 

“Your Employee Rights Under the Family & Medical Leave Act” Poster Update

• New question and answer format
• Added QR Code links to additional information

Upcoming DOL Labor Law Poster Update

The Equal Employment Opportunity Commission (EEOC) is expected to make another change to the “Know Your Rights: Workplace Discrimination is Illegal” poster in June when the Pregnant Workers’ Fairness Act takes effect. The revised poster would be mandatory and make the current one just recently updated non-compliant.

DOL Labor Law Posting Requirements

All covered employers are required by federal law to display the new “Employee Rights Under the Fair Labor Standards Act” poster and a poster prepared by the DOL summarizing the provisions of the FMLA. The new “Your Employee Rights Under the Family & Medical Leave Act”, though non-mandatory, fulfills this posting mandate. These posters along with other federally-mandated posting requirements must be displayed where they are sufficiently accessible and viewable to all employees. These changes have been reflected in our Federal Labor Law Poster and require an immediate update. Failure to meet compliance requirements and display revised posters could result in fines.

Order the Federal Labor Law Poster to immediately include required updates.