There are two 2023 federal labor law poster updates for employers to be aware of, with the latest news coming this week.
On June 14, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) again updated its new Know Your Rights: Workplace Discrimination is Illegal poster. It was previously updated in October 2022 — replacing the EEO is the Law poster — and is required for employers with 15 or more workers.
In April 2023, the U.S. Department of Labor (DOL) released a new Fair Labor Standards Act (FLSA) Minimum Wage Poster. It must be displayed by employers with 50 or more workers.
Below, we will break down the two 2023 federal labor law poster updates, as well as additional new poster compliance information.
2023 EEOC Poster Update
Despite the revamped poster being released in the fall of 2022, the EEOC’s Know Your Rights: Workplace Discrimination is Illegal poster was updated again June 14, 2023.
The poster updates include general reformatting, along with some new language.
The What Types of Employment Discrimination are Illegal? section now includes:
- Interference, coercion, or threats related to exercising rights regarding disability discrimination or pregnancy accommodation
Under the What Employment Practices can be Challenged as Discriminatory? section, one bullet has been updated as:
- Failure to provide reasonable accommodation for a disability; pregnancy, childbirth, or related medical condition; or a sincerely-held religious belief, observance or practice
That What Employment Practices can be Challenged as Discriminatory? section also adds another bullet:
- Conduct that coerces, intimidates, threatens, or interferes with someone exercising their rights, or someone assisting or encouraging someone else to exercise rights, regarding disability discrimination (including accommodation) or pregnancy accommodation
The second page of the poster — which involves employers holding federal contracts or subcontracts, and programs or activities receiving federal financial assistance — remains the same.
It also has a revision date of June 27, 2023.
As a reminder, the October 2022 update included a number of other changes from the old poster:
- Straightforward language and formatting
- Harassment is a prohibited form of discrimination
- Sex discrimination includes bias based on pregnancy and related conditions, sexual orientation or gender identity
- A new QR code directing people to a webpage on how to file charges
- Information about equal pay discrimination for federal contractors
Wrapping up the EEOC Know Your Rights poster update, the poster still outlines federal laws barring job discrimination based on:
- Sex (including pregnancy and related conditions, sexual orientation or gender identity)
- National origin
- Age (40 and older)
- Equal pay
- Disability or genetic information (including family medical history or genetic tests or services)
2023 FLSA Poster Update
Next, the 2023 FLSA poster update includes changes as a result of the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP), which passed last year.
The right for nursing mothers to pump breast milk previously only applied to nonexempt workers. That reference has been removed from the FLSA poster.
Also, the new poster makes clear that only narrow exceptions to the PUMP Act apply.
Lastly, that section regarding the rights of expecting mothers to express breast milk is now called “Pump at Work.”
The updates to the FLSA poster are mandatory and covered employers must display the new version.
Language under the revised Pump at Work section of the poster reads:
The FLSA requires employers to provide reasonable break time for a nursing employee to express breast milk for their nursing child for one year after the child’s birth each time the employee needs to express breast milk. Employers must provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.
As a refresher, the FLSA poster also includes details on:
- Minimum wage
- Overtime pay
- Child labor
- Tip credits
- Other information
2023 Federal Contractor Poster Update
Also of note under 2023 federal labor law poster updates is the minimum wage poster for federal contractors.
Updated in June 2023, there are now two active federal contractor minimum wage posters. However, determining which needs to be displayed depends on the contract.
For employers that entered into, renewed or extended their federal contract on or after Jan. 30, 2022, they will need to display the new poster.
For contracts before that time, employers still need to display the old poster.
So, federal contractors should review all their contracts – some employers may need to display both federal contractor minimum wage posters.
FMLA Poster Update
Lastly, the Family and Medical Leave Act poster also was revised in April 2023.
However, it is a non-mandatory update and the April 2016 and February 2013 versions still fulfill the posting requirement.
Labor Law Poster Compliance
The recent federal poster updates illustrate the challenges of labor law poster compliance for employers.
But the complexities are generally found at the state, county and city levels, rather than federal.
In progressive areas of the country, like the West Coast, employers must constantly research and monitor new laws to determine whether a labor law poster is required. Of course, not all new laws come with a posting requirement. These are generally related to:
- Employee rights
- Employee leave
- Unemployment insurance
- Child labor
- Workers’ compensation
- Employment discrimination
- Human trafficking
- Workplace safety
- Wage and hour
Still, the 2023 federal labor law poster updates are yet another example of the difficulties facing organizations of all sizes when it comes to employment law compliance.
Before October 2022, it had been about six years since the last federal labor law poster update.
But with the latest news about the updates to the FLSA and EEOC posters, employers should prepare to get new posters displayed in their locations.
Plus, federal contractors may want to review their contracts to determine whether they need to display one or both of the new posters.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.