Labor & Employment Law Blog

The U.S. Department of Labor (“DOL”) recently issued regulations requiring employers to post a revised Federal Minimum Wage poster and a revised Federal Employee Polygraph Act poster effective August 1, 2016.

The Federal Minimum Wage Poster now includes a section describing the rights of nursing mothers under the FLSA. It also discusses independent contractor misclassification and includes the difference between employees and independent contractors. You can tell quickly if you have the new poster because it contains a QR code that takes visitors to the DOL’s compliance page when it is scanned with a cell phone.  The poster can be found in 10 different languages on the agency’s website.

The revised Employee Polygraph Protection Act (“EPPA”) poster contains no substantive changes other than the removal of a reference to penalties for violation. Like the Minimum Wage poster, the EPPA poster includes a QR code directing visitors to the agency’s web page on the EPPA. The EPPA poster is available in English or Spanish.

The EPPA and Minimum Wage posters should be updated and posted immediately if not already updated.

As a reminder, the DOL also recently released an updated Family Medical Leave Act (“FMLA”) poster. The DOL still has not announced when the revised notice must be used, noting that the February 2013 version remains sufficient to fulfill the posting requirement.  However, employers may desire to update the FMLA poster while updating the other two.

If you have not recently reviewed your workplace postings, now may be a good time to check all the posters to ensure they are up-to-date.  For assistance or questions regarding required postings, please contact the authors or one of the attorneys in our Labor and Employment Group.