Required Federal Labor Poster Updates

This final week of July has been met with a flurry of changes to federal laws affecting the workplace; and as a result, some of the labor posters have mandatory updates which must be in place by August 1, 2016.  Some of the key things that employers need to know are outlined below.

Occupational Safety and Health Administration (OSHA) – The biggest change here deals with clarifying employee’s rights to report accidents and work-related illnesses without fear of retribution by the employer.  Updates to the OSHA law require that notification be given to employees concerning the retaliation provisions, and OSHA’s “It’s the Law” poster is one of the easiest ways to meet this requirement.  The poster that was updated in April 2015 is sufficient and fully meets the posting requirement.  Prior to August 1, the April 2015 version had been an optional update but is now required.

Employee Polygraph Protection Act and the Fair Labor Standards Act (FLSA) Minimum Wage  – Both of these labor posters have been updated as a result of the Federal Civil Penalties Inflation Adjustment Act Improvements of 2015.  The revised posters remove any out of date penalty amounts (such as the $10,000 on the Employee Polygraph Protection Act) and includes new information concerning penalties and violations as well as administrative updates to the cited URL and telephone number.

Another change to the FLSA requires employers to provide reasonable breaks, as well as a specified location (other than a restroom), for nursing mothers who are subject to the FLSA overtime requirements so that they can express breast milk.  Female employees are eligible for these breaks for up to one year after the birth of the baby or sooner if the mother no longer breast feeds.  Designated nursing areas must be shielded from view and free from intrusion from coworkers and the public.

Finally, the FLSA now clarifies the classification between employees and “independent contractors” under the FLSA.  Employees who are not classified as “exempt” are entitled to the FLSA minimum wage and overtime protections.  Independent contractors are not covered by this legislation.

Now is a good time to audit federal and state posters to ensure compliance.  Posters are often the main means of communicating important employment laws to workers and may carry citations or penalties for non-compliance.  As always, the Labor Law Center ensures full compliance with state and federal laws and is happy to be the one source for all compliance needs.