Labor Dept. mandatory poster update

Barran Liebman
Oregon Law Firm

Department of Labor’s Mandatory Poster Updates
By Sean Ray and Nicole Elgin

As of August 1st, 2016, all employers should be displaying the new Federal Minimum Wage and Polygraph Protection posters. The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued updates to both the Fair Labor Standards Act (FLSA) Minimum Wage Poster and the Employee Polygraph Protection Act (EPPA) Poster.

Employers subject to the FLSA’s minimum wage provisions and to the EPPA must display both posters in a conspicuous place at each of their establishments where both employees and applicants are readily able to observe them. While employers can currently download and print the posters themselves from the Department of Labor’s website (links to the posters are below), print copies and Spanish translations of the posters should be available for order soon.

The updated Federal Minimum Wage Poster updated its Enforcement provision and removed specific civil monetary penalty amounts. Additionally, the poster cautions employers against misclassifying employees as independent contractors. The updated poster also provides more information on the rights of nursing mothers in the workplace, specifically reminding employers that nursing mothers must be provided a place, other than a bathroom, that is shielded from view and from coworkers’ intrusion, in order to express milk.

The updated EPPA Poster removed specific civil monetary penalty amounts and updated the Department of Labor’s contact information.
Employers should make sure their posters are updated!

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