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I recently published an article about new Fair Labor Standards Act (FLSA) labor law posters in response to President Biden signing the Consolidated Appropriations Act of 2023. In the article, I mentioned that there have been three labor law poster updates in the past 12 months. I didn’t get a chance to elaborate in the original article, so I wanted to offer some additional details today.
Here are the three pieces of legislation that prompted labor law poster changes.
Pregnant Workers Fairness Act (PWFA)
This is the most recent update in June 2023. The PWFA requires covered employers to provide reasonable accommodations to a qualified worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. An undue hardship is defined as causing significant difficulty or expense. Examples of possible accommodations include being able to sit, drink water, work flexible hours, and additional bathroom breaks.
Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act
This law went into effect in April 2023. Under the FLSA, covered employers must provide reasonable break time for an employee to express breast milk, as needed, for their nursing child for one year after the child’s birth. In addition, employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion. This applies to exempt and non-exempt employees.
The Equal Employment Opportunity Commission (EEOC) is responsible for investigating charges of discrimination against employers who are covered by federal anti-discrimination laws. Most employers with at least 15 employees are covered under EEOC laws. In October 2022, they issued a new “Know Your Rights” poster and covered employers are required to display the new poster at their work site.
If your organization hasn’t already done so, now is the time to make sure all your labor law posters are in compliance. This could also be a good time to think about signing up for a labor law poster service that provides updated posters at no additional cost whenever there’s a change in the law.
HR professionals have a long list of things to do – recruiting, training, benefits administration, and more. Compliance is one of those things. But when you can partner with someone who can do the work – and at a reasonable price – it only makes sense. I’m reminded of the phrase, “Just because you can doesn’t mean you should.” Can I research all the federal, state, and local labor law changes? Yes, I can. Is that the best use of my time? Hmmm…not really.
Labor law posters are important. Not only do they provide valuable information, but they show employees that the company cares about doing the right thing. Make sure your posters are compliant.
Image captured by Sharlyn Lauby while exploring the streets of Gainesville, FL
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