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All in a Day's Work® - Insights on Labor & Employment Law

It’s time to update your workplace posters

The U.S. Department of Labor (DOL) recently released two important poster updates that require action of most employers. As of Aug. 1 covered employers must update their Fair Labor Standards Act (FLSA) minimum wage poster and federal Employee Polygraph Protection Act (EPPA) poster.

Among the various updates, the FLSA poster now includes a section describing the rights of nursing mothers. Under the FLSA, working mothers who are eligible for overtime under the FLSA are entitled to reasonable break time to express breast milk in a private place (other than a bathroom) for one year after their child's birth. In addition, the updated poster also includes a warning against incorrectly classifying workers as independent contractors instead of employees. The poster can be downloaded from the DOL's website.

The EPPA prohibits most private employers from using lie detector tests for pre-employment screening or during the course of employment. Although the changes to the poster are minimal, employers are required to post the newly updated poster, which can be downloaded from the DOL's website. As a reminder, the EPPA must be displayed where job applicants, in addition to employees, can observe it.

Overall, these poster updates serve as a reminder that employers should verify they are posting all required state and federal posters and are correctly displaying those posters in their workplace. For example, almost all posters must be displayed in a conspicuous location and at each location where employees are located.

August 18, 2016

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