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EmploymentMichael G. Koutnik

Sign of the Times: Time to Update Workplace Posters

By December 30, 2016April 28th, 2020No Comments

Those signs hanging in the employee break room may be due for an update.

The U.S. Department of Labor (DOL) released three new or revised posters that, as of August 1, 2016, apply to most employers.

The first poster relates to the new Fair Labor Standards Act (FLSA) regulations issued earlier this year.

The new poster includes sections on nursing mothers’ rights and the difference between employees and independent contractors. These sections join those contained on the previous poster, such as minimum wage and overtime requirements.

The second poster covers employee and applicant rights under the Employee Polygraph Protection Act (EPPA).

The EPPA prohibits most private employers from using lie detector tests during pre-employment screening or employment itself.

While these issues may seem minor, employers are still required to display the EPPA in a readily observable location to both employees and employment applicants.

The final poster pertains to rights under the Family and Medical Leave Act (FMLA).

The new poster removed much of the “legal” language contained in the previous poster.

Use of the new FMLA poster is not mandatory if the employer is already using an FMLA poster that provides the same information.

However, because the revised poster is more reader-friendly, some employers may elect to implement it.

Keep in mind that the FMLA poster, like the EPPA poster, must be displayed in a location visible to applicants as well as employees.

Generally, the three posters must be displayed in a conspicuous location for employees (lunch/break room, kitchen, near a time clock, etc.).

All of these posters can be downloaded from the DOL’s website at https://www.dol.gov/general/topics/posters/.