Federal Labor Law Poster Changes Effective 8/1/16

Did you know that as of 8/1/16, the labor law posters that you have posted in your place of employment became out-of-date? Yes, there were federal changes to that poster that require employers to obtain new posters in order to remain compliant. So, what were those changes?

Federal poster changes included the following:

• In the Federal Minimum Wage section the Department of Labor cut text about specific civil monetary penalty amounts in the enforcement section, the posting now includes a new section about the rights of nursing mothers to receive reasonable break time to express breast milk. The Department of Labor also cut some text under the Child Labor section. Note: The federal minimum wage rate did not change.
• In addition, a section on break time for nursing mothers is now part of the Fair Labor Standards Act (FLSA) posting. The new posting states, “The FLSA requires employers to provide a reasonable break time for a nursing mother employee who is subject to the FLSA’s overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has a need to express breast milk. Employers are also required to 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.”
• Under the FLSA section information about independent contractors has been added. The posting now states, “Some employers incorrectly classify workers as ‘independent contractors’ when they are actually employees under the FLSA. It is important to know the difference between the two because employees (unless exempt) are entitled to the FLSA’s minimum wage and overtime pay protection and correctly classified independent contractors are not.”
• Under the Federal Employee Polygraph Protection Act section the Department of Labor removed the civil penalty limit of $10,000 from the poster, changed the toll-free telephone number, and added a TTY telephone number. In addition to the federal poster changes, states frequently update their posters as well. The most recent change to the Indiana poster was in August of 2015. The Indiana Department of Labor made a mandatory change to its Teen Work Hour Restrictions posting. The poster now states that 16-year-olds may work until 11:00 p.m. on nights followed by a school day if they have parental permission. The posting is required for employers of minors who are 14, 15, 16, or 17 years old.

Check to make sure that your company’s compliance posters are up-to-date. If not contact, us and we will be happy to provide you with the name of a vendor who will be able to provide you with a new set for a nominal fee. You may also want to consider enrolling your company in the vendor’s subscription service in order to make sure that your company always has updated posters?

For additional information on federal and state labor law posting requirements, please contact us at www.NewFocusHR.com.

The Indiana Department of Workforce Development provides the Unemployment Insurance poster, free of charge. You may download it from this website. For your convenience, many other required posters can also be downloaded from this site.

http://www.in.gov/dwd/2455.htm

Written By: Patrick McKenna, SHRM-CP
HR Coordinator
09/02/2016