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All employers subject to the Fair Labor Standards Act (FLSA) must post an updated version of the FLSA “Employee Rights” poster to remain compliant with the law.

The FLSA is the Great Depression-era law that requires covered employers to pay minimum wage and overtime to non-exempt employees, among other requirements. In addition to the basic minimum wage and overtime requirements, the FLSA also requires that covered employers post and keep posted a notice explaining the law in a conspicuous place. The United States Department of Labor (DOL) releases model posters for employers to use.

Earlier this month, the DOL stated that all covered employers (which are the vast majority of employers in the country) must post the April 2023 version of the FLSA poster to be legally compliant. This new poster can be found here.

This new poster includes a “PUMP AT WORK” section that was required by the Provide Urgent Material Protections (PUMP) for Nursing Mothers Act. The PUMP Act requires employers to provide reasonable break time for a nursing employee (both exempt and non-exempt) to express breast milk for her child for one year after the child’s birth and to provide a place, other than a bathroom, that is shielded from view to do so. You can read more about the requirements here.

In addition to the DOL’s new FLSA poster, the EEOC is expected to update its Know Your Rights poster with new information about the Pregnant Workers Fairness Act. So, you may want to hold off on buying a new all-in-one poster for now. Instead, post the DOL’s new FLSA poster beside your current all-in-one poster.

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Photo of John P. Rodgers John P. Rodgers

John Rodgers represents public and private employers in employment-related litigation and assists them with employment policies, employee handbooks, workplace investigations, disciplinary actions, and terminations. He actively litigates employment disputes on behalf of employers and has handled discrimination and retaliation, wage and hour, FMLA…

John Rodgers represents public and private employers in employment-related litigation and assists them with employment policies, employee handbooks, workplace investigations, disciplinary actions, and terminations. He actively litigates employment disputes on behalf of employers and has handled discrimination and retaliation, wage and hour, FMLA, and non-compete cases in both state and federal court. He also devotes substantial attention to ERISA litigation and representing individuals and businesses in conservatorship matters.

Photo of Anne R. Yuengert Anne R. Yuengert

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and…

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and working through issues surrounding FMLA and USERRA leave. When preventive measures are not enough, she handles EEOC charges, OFCCP and DOL complaints and investigations, and has handled cases before arbitrators, administrative law judges and federal and state court judges. She has tried more than 30 cases to verdict.