Time to Update your FLSA Poster!

August 28, 2016 at 2:01 pm | Posted in DOL, Employee, Employer, Employment Law, FLSA, FMLA, Legal, New employment laws/amendments, OSHA, retaliation, wage & hour | Leave a comment

The U.S. Department of Labor has updated the mandatory Fair Labor Standards Poster to include the need for employers to provide a safe and comfortable room for nursing mothers to express breast milk – that “safe and comfortable room” CANNOT be the Company’s bathroom.

The updated poster also touches on DOL’s hot button issue of correctly classifying independent contracts and what it means to be an exempt versus a non-exempt employee.

The DOL has also made it clear that APPLICANTS must also be able to see your FLSA poster so this results in likely having the mandatory poster in more than one place, such as in the reception area and in the break room.

There are also updated posters for the Family Medical Leave Act for all employers with 50 or more employees, and OSHA has an updated poster as well.  DOL has been very active lately!

Failure to post updated posters can result in fines:

The penalty for violating the Occupational Safety and Health Administration (OSHA) posting requirement is $7,000;
An employer who violates any provision of the federal Employee Polygraph Protection Act of 1988, including the posting requirement, faces a fine of up to $10,000;
The penalty for failing to display the Equal Employment Opportunity is the Law posting (required for employers with 15 or more workers) increased to $210 in 2014; and,
Employers with 50 or more workers are required to display the Family and Medical Leave Act (FMLA) notice, and the penalty for willful refusal to display it is $100;

A specific fine for failure to post is not always stated on the poster itself and the fines can be modified depending upon your state.

I have no doubt everyone reading this blog has better things to do with their money than pay fines for failure to comply with the posting requirement!  Get some thumb tacks and postal tape out and start making sure your posters are on display!  Do not shrink the posters, their size is mandatory!

Below is the web address to the updated DOL FLSA poster:

https://www.dol.gov/whd/regs/compliance/posters/minwage.pdf

From Hultman Sensenig + Joshi: Reading this blog does not create an attorney client relationship nor is legal advice given in this blog. The overtime issues are very serious for employers and we do suggest reviewing your policies and procedures to prepare for the DOL’s recent enforcement efforts. Let us know if we can help you.

 

 

 

 

 

 

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