The United State Department of Labor (USDOL) has issued updated posters for the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Covered employers must replace the now outdated FLSA poster and should, but are not required to, replace the older FMLA poster.
The new FLSA poster was updated to explain that under the FLSA, nursing mothers have the right to reasonable break times to express break milk for up to one year after a child’s birth. Employers are required to provide a location at work (other than a bathroom) to express breast milk, which must be free from intrusion and shielded from view. Employers should be aware that some states, such as New Jersey and New York, provide for more expansive rights for nursing mothers.
The new FMLA poster is a redesign of the prior poster from April 2016 and clarifies which businesses are covered by the FMLA. Private employers are subject to the FMLA if they had at least 50 employees during 20 or more workweeks in the current or previous calendar year. The April 2016 poster is still complaint, so employers are not required to post the new poster. It is, however, a best practice to post the most recent workplace posters.
Because employment laws and employers corresponding obligations can vary between federal and state law, employers should consult with knowledgeable employment law counsel in the states where they operate to ensure compliance with all applicable laws.
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Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.