In the complex realm of employment law, employers face numerous obligations to safeguard the rights and well-being of their employees. Compliance posters may have started in the early 20th century as simple text notices, but they have emerged as an ever-evolving essential tool to ensure adherence to various labor laws, serving as a tangible means of educating employees, and a reminder of employers’ responsibilities.
This article will discuss two of the latest mandatory updates to the poster requirements and how to navigate the timing of those changes; as well as the differing requirements for physical and electronic posters and how that relates to a remote workforce so employers may make well-informed decisions for their organization.
Mandatory Update #1: “PUMP Act”
The Department of Labor (DOL), under the Fair Labor Standards Act (FLSA), has implemented the “Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act” (PUMP Act). This new act expands workplace protections and applies to almost all businesses. Also, whereas only workers eligible for overtime were covered in the past, now all qualifying employees, regardless of their exemption status, are given the right to a break time for the purpose of expressing breast milk and a private space to express breast milk, other than a restroom.
This new act became effective as of December 29, 2022, and the FLSA expected employers to be compliant as of April 28, 2023. Part of being compliant includes a new section to include within the compliance posters. There is no posting exemption for employers with fewer than 50 employees. Visit the DOL’s PUMP Act website for more information (click here).
However, before employers shell out the money needed to buy all new compliance posters, they may want to consider simply posting this new information adjacent to the current compliance posters, since a second mandatory update will be required as well.
Mandatory Update #2: “PWFA”
The Equal Employment Opportunity Commission (EEOC) has recently implemented the “Pregnant Workers Fairness Act” (PWFA). This new act recently went into effect June 27, 2023, and provides additional clarity for accommodations for pregnant workers, going beyond the protections offered by the Americans with Disabilities Act and its Amendments Act (ADAAA). For more information, please review a previous article published by New Focus HR in February, titled, “Updates to the Pregnant Workers Fairness Act (PWFA)” (click here).
This new act also has a required component for compliance posters. At the time of the publishing of this article, the act has only recently been in effect and many of the providers who create the all-in-one compliance posters, such as J. J. Keller & Associates, have communicated it may take a couple of weeks or more to get the new posters designed, printed, and ready to ship. Whether already participating in a subscription service to automatically receive new posters or planning to simply purchase a new set of posters, organizations should expect the new all-in-one posters to arrive by mid-July. In the meantime, however, employers may want to consider posting this new PWFA information on a printed page displayed adjacent to the current posters to remain in full compliance.
Requirements for Physical and Electronic Posters
With organizations continuing to utilize the remote working environment for many of their employees, more and more employers are asking if electronic compliance posters may eliminate the need to purchase and display physical posters. Below is a breakdown of what is required as it relates to a remote workforce.
Summary
Employers and managers face significant obligations in ensuring compliance with employment laws to protect their employees’ rights and well-being.
This article highlights the latest mandatory updates to poster requirements. The PUMP Act, effective December 29, 2022, expands workplace protections for nursing mothers and mandates a new section in compliance posters. The PWFA, effective June 27, 2023, provides additional accommodations for pregnant workers, surpassing the protections of the ADAAA. Employers are advised to stay informed about both of these updates and consider posting the new information alongside existing compliance posters until the latest all-in-one posters are available for purchase. Additionally, employers with remote workers must carefully consider whether or not electronic posters are appropriate for their organizations. Overall, employers should ensure compliance with these poster requirements to fulfill their legal obligations, limit their liability, and protect their workforce.
For additional information regarding how to best implement the changes that stem from the PUMP Act or the PWFA; or, for additional questions about compliance posters, please contact us at www.newfocushr.com.
Updated by: Jason Love, SHRM-CP, CLSSGB
HR Consultant
7/12/2023
Sources:
- J. J. Keller & Associates, Inc. – Recent Mandatory Federal Labor Law Changes Underscore Importance of Staying Compliant
- J. J. Keller & Associates, Inc. – Updated FLSA poster is now mandatory — DOL changes course
- Society of Human Resource Management (SHRM) – Employers Must Display Updated Posters
