The DOL has revised its Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) posters. Employers will need to update these postings to remain in compliance with their obligations under these laws.
FMLA Poster. Employers who are covered by the FMLA (i.e., private employers with 50 or more employees within a 75-mile radius, as well as public agencies regardless of employee count) are required to display the DOL poster that informs employees of their rights under that law.
The revised poster, available here, should be posted immediately. The DOL has stated that the February 2013 and April 2016 versions of the poster still fulfill the posting requirement so employers do not need to rush to post the updated poster (although using the latest version is always a best practice).
The information in the poster has been reorganized and there are several new changes including:
- Bonding leave is deleted as a reason for leave (which was redundant of the leave for the birth/adoption/foster placement anyway);
- Confirms that FMLA is not paid leave (although paid leave may be used concurrently, if requested by the employee or if required by the employer);
- Explains reinstatement to the same or virtually identical job must include shift and location;
- Confirms an eligible employee must work for a covered employer, and provides a new definition of covered employer;
- Requires employees to follow the employer’s normal procedures for requesting leave.
FLSA Poster. Every employer with employees who are covered by the FLSA must post a DOL notice explaining the Act, including minimum wage, overtime and child labor provisions. As I wrote about earlier this week, the poster has been updated to include employer obligations under the PUMP Act.
Older versions of the FLSA poster are now obsolete and, unlike with the FMLA poster, older versions of this poster will not satisfy the posting obligation. A copy of the revised FLSA poster can be accessed here.
Posting Compliance. Both notices must be displayed in a “conspicuous” location in each establishment (which is usually an employee breakroom or other location where other mandatory posters are housed).
The DOL has confirmed in a guidance, that electronic posting is sufficient but only if (1) all employees always work remotely; (2) all employees customarily receive information from the employer by electronic means; and (3) all employees have readily available access to electronic posting at all times. Therefore, if any employees work on-site, electronic posting alone will not be sufficient.