New Workplace Poster Requirements for Employers

In the wake of recent legislative and other actions involving federal employment laws, employers are encouraged to review applicable workplace poster requirements and update their postings immediately, including posters relating to:

1. The Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) requires covered employers (those with at least 15 employees) to post a notice in the workplace describing protections under the new law. To comply, an updated version of the EEOC “Know Your Rights” posters is now available and can be found here.

2. The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. In May, the U.S. Department of Labor (DOL) released a new Employee Rights Under the Fair Labor Standards Act (FLSA) poster to reflect the recent changes made under the new PUMP Act. The PUMP Act gives nursing employees additional rights to take breaks, and also requires employers to provide a private place for nursing employees to express breast milk during the workday.

3. The Family and Medical Leave Act. In April, the DOL updated the Your Employee Rights Under the Family and Medical Leave Act (FMLA) poster to include several clarifications. Although the DOL states on its website that previous versions (April 2016 and February 2013) still fulfill the posting requirement, employers subject to the FMLA may wish to consider using the updated poster as a matter of best practice.

The DOL and EEOC require workplace posters to be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. Although electronic postings are permitted, the DOL and EEOC expect that such postings supplement, not replace, the physical posting requirement. For example, employers who maintain a physical office(s) would be expected to post an actual poster in all office locations. However, in a hybrid workplace (with employees on-site and teleworking full-time), the EEOC and DOL encourage employers to supplement the hard copy posting requirement with electronic posting.

In some situations, the DOL will allow an electronic posting to be the only posting. Specifically, the DOL considers electronic postings as an acceptable substitute for a hard copy posting in a conspicuous place in the physical workplace only where (1) all of the employer’s employees exclusively work remotely, (2) all employees customarily receive information from the employer via electronic means, and (3) all employees have readily available access to the electronic posting at all times. The EEOC has similarly acknowledged that electronic posting may be the only posting for employers without a physical location or for employees who telework or work remotely and do not visit the employer’s workplace on a regular basis.

Employers are reminded that, in addition to federal requirements, many state employment laws impose their own workplace poster requirements which apply to employers who have employees (including remote workers) primarily working in those jurisdictions. If you have questions about federal or state workplace posting requirements, or if you would like assistance with your compliance efforts, please contact Margaret Scheele at [email protected] or (703) 408-4718.

Margaret Scheele (Washington D.C. team) is an employment law attorney with almost 30 years of experience. Margaret has represented a range of clients in a variety of industries, including aviation, food service, telecommunications, health care, and government contracting. Her practice includes the full range of advice and counseling work that arises within the employment context, including most recently COVID-related matters.