Three of the required federal work-site posters were recently updated or will be updated by the end of June.
The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) posters impacted include:
- “Your Rights Under the Family and Medical Leave Act (FMLA)” (WH 1420)
- “Employee Rights Under the Fair Labor Standards Act” (WH 1088)
- “Know Your Rights: Workplace Discrimination is Illegal”
The updated FMLA notice was released in April 2023 and presents information about employee and employer rights and responsibilities in a Q&A format. A quick response (QR) code was added to allow users to easily access information using a mobile device.
Currently, the new DOL notice is only available online in English. The DOL notes that the April 2016 version still fulfills the posting requirement. Districts using the TASB Federal Work-Site Postings are in compliance with this posting requirement.
All colleges and school districts must post an FMLA notice in the workplace and where applications are received, including the entity’s website. Employers also must provide the information in the poster to each employee by including the contents in their employee handbook or other written guidance on employee benefits and leaves, or provide each new employee a copy upon hire. HR Services updated the notice in the Model Employee Handbooks for districts and colleges in the 2023-2024 editions, which will be posted by May 22, 2023. Employers may download the FMLA notice from the DOL website.
The DOL also updated the Fair Labor Standards Act (FLSA) minimum wage poster in April 2023 to include information about the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, which expanded protections to exempt workers. Unlike the FMLA poster, the previous version of the notice no longer fulfills the posting requirement and should be replaced. Employers using the TASB federal poster can print a copy of the new notice and post it next to the current poster until new posters are available.
The EEOC is in the process of updating its “Know Your Rights” poster to address the Pregnant Workers Fairness Act, which goes into effect June 27, 2023. The EEOC is expecting to release a new notice in June 2023.
Employers need to take action to ensure compliance with the new requirements. The TASB Federal Work-Site Postings will be updated and available for purchase after the DOL releases Spanish versions of the FMLA and FLSA notices and the EEOC releases its updated poster in English and Spanish.
Employers using the TASB Federal Work-Site Postings should defer purchasing new or replacement posters until the update is completed. In the interim, print and post the free version of the FLSA poster with PUMP Act information, which is available on the DOL website.
Keeping up with changes
HR Services will send a notice to all members with instructions for purchasing the new posters through the TASB Store as soon as they are available. Additional information on work-site posting requirements, including a complete list of required postings, is available in the Human Resources Department section of the HR Library (member login required).
April Mabry is an assistant director at TASB HR Services. Send April an email at email@example.com.
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