DOL: It's Time to Replace Your Old FLSA Posters

Author: Michael Cardman, HR & Compliance Center Senior Legal Editor

May 10, 2023

The US Department of Labor (DOL) has updated its mandatory Employee Rights Under the Fair Labor Standards Act Poster to reflect recent amendments that expanded the law's breastfeeding and lactation accommodation requirements.

Previous versions "no longer fulfill the posting requirement and should be replaced," according to the DOL.

As soon as possible, employers covered by the FLSA (i.e., virtually all employers) should download and post the new version in a conspicuous place in all of their establishments where employees can easily read it.

Employers with 100%-remote workforces may forego physical posting and simply email the poster to employees or post it on their company websites as long as certain conditions are met. Employers in New York must make the poster available electronically, either on their website or via email regardless of whether or not they have remote workforces.

The DOL also has updated its Employee Rights Under the Family and Medical Leave Act (FMLA) Poster. The updated poster "revises language to provide FMLA information in a way that puts workers' questions and experiences first," a DOL spokesperson told HR & Compliance Center.

Although the DOL did not say that previous versions of the FMLA poster no longer fulfill the law's posting requirement as it did with the FLSA poster, employers are advised to replace their FMLA posters as well.