On July 27, 2016 (four days before the required implementation!), the Department of Labor (DOL) published new posters to for immediate use.
What are those posters anyway?
Those posters are required for businesses with describe employee’s rights when it comes to the limited use of polygraphs in employment (EPPA poster). The FLSA poster describes employees’ rights relative to minimum wage, overtime and other wage and hour regulations.
Both posters must be posted in a “prominent and conspicuous place” in your business where it can readily be seen by employees and job applicants. Most businesses have a bulletin board in the employee break room or in the reception area.
Why bother about updating your FLSA/EPPA posters?
Checking on current posting is a regular function of a DOL audit so it’s best to be in compliance although there is no fine for failure to post.
Changes in a Nutshell
The fine amounts for FLSA infractions increased as of August 1 as part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act. Since the fine amounts were outdated, the DOL took this opportunity to make other adjustments to the both posters. Actually, the new poster doesn’t mention any fine amounts for penalties. Rather than listing specific penalty amounts, the revised posters note that “civil penalties may be assessed for each willful or repeated violation.”
The new poster adds information about independent contractors stating employers incorrectly classify workers as independent contractors when they are actually employees under the FLSA. Employees are entitled to the FLSA minimum wage and overtime protections, whereas independent contractors are not.
Information about the rights of nursing mothers was added. A new section on the poster indicates that the FLSA requires employers to provide reasonable break time and a suitable place for an employee who is a nursing mother to express breast milk,
- Fewer child labor details provided. Restrictions on work hours are no longer listed.
- Tip credit information revised. The poster now indicates that employers of tipped employees who meet certain conditions may claim a partial wage credit based on tips received by their employees.
- Liquidated damages wording added. DOL has the authority to recover liquidated damages as well as back wages if a violation occurs.
- Puerto Rico: the poster now notes that special provisions apply to workers in Puerto Rico.
- The phrase “The law requires employers to display this poster where employees can readily see it” has been moved to the top of the poster.
- Contact information has been updated on both posters.
The updated EPPA poster can be found here.
The updated FLSA poster can be found here.