Employers need updated federal posters
Posted July 27, 2016
Employers will need to post new versions of the Fair Labor Standards Act (FLSA) and Employee Polygraph Protection Act (EPPA) postings as of August 1.
The Department of Labor (DOL) has revised the posters to remove fine amounts. The fine information on the previous versions of the posters will be outdated on August 1, when the fine increases take effect under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
In addition to removing fine information, the revised FLSA poster adds information about independent contractors and nursing mothers. Several sections of the FLSA poster have been reworded, and contact information has been updated on the FLSA and EPPA posters.
The updated posters are available only in English at this time. The DOL has removed the previous Spanish versions of the FLSA and EPPA posters from its website, and indicates that translated versions will be available soon.
FLSA posting details
While the only changes to the EPPA poster involve the removal of fine information and a change to contact information, a number of changes have been made to the FLSA posting. The updated FLSA posting:
- Includes fewer child labor details. Restrictions on work hours are no longer listed.
- Now includes information about the rights of nursing mothers. 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.
- Revises tip credit information. 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.
- Removes fine details from the Enforcement section. Rather than listing specific penalty amounts, the revised poster notes that civil money penalties may be assessed for each willful or repeated violation of the minimum wage or overtime pay provisions of the law. It also provides information about penalties that may be assessed for child labor violations, but does not list specific amounts.
- Adds liquidated damages wording. The Enforcement section wording has also changed to note that the DOL has the authority to recover liquidated damages as well as back wages if a violation occurs.
- Includes Puerto Rico. The poster’s Additional Information section now notes that special provisions apply to workers in Puerto Rico.
- Makes the posting requirement prominent. 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.
- Adds independent contractor information. The poster now notes that some 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, and independent contractors are not.
- Removes information about workers under 20. The poster no longer states that they may be paid $4.25 per hour during their first 90 days of employment.
This article was written by Terri Dougherty of J. J. Keller & Associates, Inc.
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