By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq.
In light of recent updates to equal employment opportunity laws aimed at protecting pregnant and nursing employees (as discussed in our January eAlert, available HERE), the U.S. Department of Labor (“DOL”) and Equal Employment Opportunity Commission (“EEOC”) each have issued updated posters for employers to display in the workplace along with guidance on compliance with these new laws.
1) “Employee Rights Under the Fair Labor Standards Act”
In April 2023, the DOL published an updated “Employee Rights Under the Fair Labor Standards Act” poster, available HERE. The new poster now includes information regarding employers’ obligations under the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), which became effective in December 2022. As a reminder, the PUMP Act provides lactating employees with the right to reasonable break time and a private place to express breast milk while at work for up to one year following a child’s birth. As noted in the updated poster, pump-at-work protections apply to all employees with certain narrow exceptions, regardless of whether the employees are exempt from minimum wage and overtime laws.
Employers can find additional guidance on the PUMP Act in the Field Assistance Bulletin published by the DOL on May 17, 2023, which can be found HERE.
2) “Know Your Rights: Workplace Discrimination is Illegal”
As we previously reported HERE, the EEOC released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster on October 19, 2022. The agency now has issued another revision to incorporate the provisions of the Pregnant Workers Fairness Act (“PWFA”), which takes effect on June 27, 2023. The PWFA will require covered employers to provide “reasonable accommodations” to employees’ known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodations will cause an undue hardship. The updated poster is available in English and Spanish HERE; additional guidance on the PWFA is available on the EEOC’s website HERE.
Employer Next Steps
In light of these recent updates, employers should replace any prior versions of the “Employee Rights under the Fair Labor Standards Act” with the updated poster and prepare to have the new “Know your Rights: Workplace Discrimination is Illegal” poster in place after June 27, 2023. Previous versions will no longer fulfill posting requirements. Employers also are encouraged to replace prior versions of the recently released Family and Medical Leave Act (“FMLA”) poster. As discussed last month in our eAlert (available HERE), although there have been no substantive changes to the FMLA poster, using the updated version is recommended as a best practice.
As a reminder, employers must display all required posters in a conspicuous area of the workplace so that they are readily available for viewing by all employees and job applicants. Employers may wish to periodically consult the DOL’s webpage (available HERE) for updated federal posting requirements.
If you need assistance to ensure compliance with posting requirements, including considerations for remote workers, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.