As the rights of U.S. workers grow, the responsibility of communicating those rights to workers also expands.
Following the passing of the Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing Mothers Act (also known as the PUMP Act) in late 2022, the U.S. Department of Labor in late April added information about the law’s mandates to its minimum wage poster. Here’s what HR managers need to know.
What updates are there to the FLSA poster regarding the PUMP Act?
A DOL spokesperson told HR Dive, “To reflect the amendment of the PUMP Act to the FLSA, the required FLSA poster has been updated to include Pump At Work information for employee awareness.”
When the Affordable Care Act first mandated pumping breaks, they were limited to workers entitled to the FLSA’s overtime protections — “nonexempt” workers who often are paid on an hourly basis.
The PUMP Act expanded those rights to exempt employees, who are not entitled to minimum wage and overtime protections and are often paid on a salary basis.
Employers must communicate those rights to workers, and — assuming the information is posted or provided properly — DOL’s poster fulfills that notice requirement.
What changes are there to the FMLA poster?
Meanwhile, the department’s Family and Medical Leave Act poster also received minor updates last month.
The change “revises language to provide FMLA information in a way that puts workers’ questions and experiences first,” DOL’s spokesperson said.
Among other things, the new poster clarifies that while FMLA leave is unpaid, an employee may choose or be required to use employer-provided paid leave at the same time, according to a blog post from law firm Atkinson, Andelson, Loya, Ruud & Romo.
Will there be corresponding updates to EEOC’s “‘Know Your Rights’” poster regarding the Pregnant Workers Fairness Act?
In addition to the DOL, the U.S. Equal Employment Opportunity Commission is also giving its poster a makeover. Currently, the EEOC is updating its “Know Your Rights” poster to address the nondiscrimination provisions of the PWFA, which goes into effect June 27, a Labor Department spokesperson told HR Dive.
“For covered employers that purchase an all-in-one poster from third-party vendors, you may wish to defer purchasing a new vendor-created poster until after the EEOC releases its updated poster in June 2023,” the spokesperson added, suggesting that employers print and post the free versions of FLSA and FMLA posters from DOL’s the Wage and Hour Division website.
