At the end of July 2016, the U.S. Department of Labor (“DOL”) announced that employers must post updated versions of the Federal Minimum Wage Poster and the Federal Employee Polygraph Protection Act Poster (“EPPA Poster”) by August 1, 2016.
Every employer of employees subject to the Fair Labor Standards Act’s minimum wage provisions must post the revised Federal Minimum Wage Poster in a conspicuous place in all of their establishments. While there are several changes to the Federal Minimum Wage Poster, the most notable are the addition of:
- a new section regarding the rights of nursing mothers;
- a warning against incorrectly classifying workers as independent contractors; and
- information regarding the DOL’s ability to recover liquidated damages in addition to back wages for minimum wage or overtime violations.
Meanwhile, the EPPA Poster was updated to provide appropriate DOL contact information and remove the provision that specifies the penalty amount of $10,000 for a violation. The EPPA Poster now generally states that the Secretary of Labor may bring a court action to assess civil penalties.
As a result of the lack of advance notice from the DOL, many employers are currently out of compliance with federal posting requirements. While print copies are not currently available from the DOL, employers are well-advised to immediately download and post a pdf of the revised posters from the DOL’s website (links below). Employers who utilize online job applications must also update their links to the relevant posters.
- The Minimum Wage Poster can be found here: https://www.dol.gov/whd/regs/compliance/posters/flsa.htm
- The Polygraph Protection Act Poster can be found here: https://www.dol.gov/whd/regs/compliance/posters/eppa.htm.