The June 27 deadline has passed, and employers should now have updated workplace posters reflecting the expanded rights of employees under certain federal Acts.
New Poster Requirements
The Pregnant Workers Fairness Act (PWFA), enacted at the end of June, and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), enacted last December, grant additional protections that must appear on mandatory postings.
The new posters reflect greater rights for pregnant employees and pumping breaks for all employees, even exempt salaried workers.
The Department of Labor (DOL) has updated its posters explaining rights under the Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA). The U.S. Equal Employment Opportunity Commission (EEOC) also updated its poster on discrimination.
Considerations for Small Businesses
While the PWFA covers employers with at least fifteen workers, the PUMP Act applies to those with 50 or more. Qualifying small businesses may claim undue hardship exemptions from certain pumping requirements.
Consequences for Non-Compliance
Employers who fail to post the new iterations could face fines of $569 per violation. Experts say each instance of non-compliance per location could warrant a separate fine.
Updating Workplace Posters
To avoid penalties, experts advise employers to print the revised DOL and EEOC posters for free from the agencies’ websites. Although there is no mandated size, the posters must be conspicuous and readable.
Ideally, employers should physically post the updated signs at all company locations. Remote or telecommuting employees may require digital distribution.
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Copyright © 2023 Smarts Publishing. This is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice.