In April 2023, the U.S. Department of Labor (DOL) released an updated version of the federal Fair Labor Standards Act (FLSA) minimum wage poster. The DOL has indicated on its website that the previous version of the FLSA poster “no longer fulfills the posting requirement and should be replaced.”

Poster Updates

The DOL has aligned language in the new poster to match new requirements set by the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.

The PUMP Act amends the FLSA to require employers to provide break time and a private place, other than a bathroom, for all employees (including those who are exempt from FLSA overtime rules) to express breast milk. It also clarifies that these breaks must be paid when employees are not completely relieved of all work duties. A hardship exemption is available for employers with fewer than 50 employees.

Updating the FLSA Poster

Employers can update their FLSA minimum wage poster by downloading it from the DOL website.

Employers should note that while the English version of the FLSA minimum wage poster has been updated, official foreign language versions have not. Currently, the DOL has not specified a timeline for updating official foreign language versions of this poster. As a result, employers should continue to monitor the DOL website to learn of updated foreign language versions of this poster.

Impact on Employers

The DOL has clearly indicated that previous versions of the FLSA minimum wage poster no longer satisfy the FLSA posting requirements. For this reason, employers should visit the DOL website, download the most current version of this poster and ensure it is displayed correctly at their worksites

This Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. Design ©2023 Zywave, Inc. All rights reserved.