The U.S. Department of Labor (DOL) has released an updated Fair Labor Standards Act (FLSA) Minimum Wage Poster that covers employers’ new lactation accommodation obligations under the recently passed Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.
The PUMP Act went into effect on December 29, 2022 and requires employers to provide nursing employees with reasonable accommodations, such as a reasonable amount of break time and a place – other than a bathroom – at work where they may express breast milk. The designated area must be shielded from view and free from the possibility of intrusion. The FLSA previously afforded these rights only to non-exempt employees, but the PUMP Act now covers many workers who were not otherwise entitled to those accommodations, such as salaried employees.
These changes are reflected in the new FLSA poster. Importantly, covered employers must immediately place the updated Minimum Wage Poster in a conspicuous place, compliant with all other FLSA posting requirements. Older versions of FLSA posters are no longer considered compliant with posting requirements. It is important to also note that the U.S. Equal Employment Opportunity Commission (EEOC) plans to update its October 2022 “Know Your Rights: Workplace Discrimination is Illegal” poster. This updated poster is expected to be released this month to reflect new information about the Pregnant Workers Fairness Act (PWFA), which goes into effect on June 27, 2023. The PWFA applies to employers with fifteen or more employees. The DOL has suggested to employers that purchase “all-in-one” posters from vendors to wait until after the EEOC releases its updated poster in June 2023 to make their all-in-one purchase. In the meantime, those employers should temporarily post copies of the updated FLSA posters.