On July 27, 2016, the Department of Labor (DOL) issued two mandatory federal posting changes – one to the FLSA poster and one to the EPPA poster, both with an effective date of August 1, 2016! This is in addition to the mandatory notification requirement issued by OSHA. Here are answers to frequently asked questions.
Q: Which postings changed?
A: There were two mandatory federal posting changes: 1) The Fair Labor Standards Act (FLSA) poster and 2) the Employee Polygraph Protection Act (EPPA) poster.
Q: What were the changes to the FLSA poster?
A: Several changes were made to the FLSA poster. The poster was updated with information about breaks for nursing mothers, correctly classifying independent contractors and changes by the Civil Penalties Inflation Adjustment Act.
Q: Is this related to the new FLSA overtime rule?
A: No. The latest regulations affecting the FLSA poster are separate from the overtime rule issued on May 17, 2016. The new overtime rule didn’t require an updated FLSA poster, whereas these changes do.
Q: What were the changes to the EPPA poster?
A: The EPPA poster removed the specific reference to the penalty amount for not posting, and now contains a broader statement that the Secretary of Labor can assess civil penalties against violators.
Q: Did the OSHA poster change as well?
A: OSHA issued the mandatory requirement to notify employees of their right to report work-related inquiries and illnesses free of retaliation. This is effective as of Nov. 1, 2016. OSHA has stated that employers may meet the new mandatory obligation by posting the latest version of the OSHA “It’s the Law” poster. Our posters already include this latest version. So when you order your new federal posters, you will get the latest OSHA posting.
Q: Are the updated federal postings mandatory?
A: Yes. To remain in compliance and avoid potential fines, you must replace your current FLSA and EPPA posters with the updated ones.
Q: Who has to display updated postings?
A: Virtually every U.S. employer. These latest changes affect all U.S. employers with at least one paid employee, so the impact is widespread.
Q: What is the deadline to comply?
A: August 1, 2016 is the effective date for both the EPPA and FLSA posters and Nov. 1, 2016 for the OSHA update.
Q: What are the penalties for not displaying the postings?
A: Penalties for neglecting to display federal postings increased on August 1, 2016. Fines have more than doubled, and potential fines are up to more than $30,000. The EPPA posting fine alone is $19,787.
Q: Why did these changes to fines occur?
A: Congress recently passed a law requiring all federal agencies to adjust their civil penalties to account for inflation. The Department of Labor adjusted postings penalties for the Employee Polygraph Protection Act and Occupational Safety and Health Act postings.
Q: Where are postings supposed to be displayed?
A: Federal postings must be displayed in conspicuous locations accessible to all employees, such as employee break rooms, entrance areas, lounges, and near time clock stations. Large facilities typically require multiple posting sites to ensure accessibility to all employees. Employers must take steps to ensure that such notices are not altered, defaced or covered by other material. Remember, some of these federal posters also have to be viewed by applicants, such as the EEOC and EPPA postings.
Q: How can I order new posters?
A: Visit PosterTracker.com to learn more about the labor law posting options guaranteed to keep you in full compliance with all federal, state and local employee posting regulations.
Q: Can I order the new DOL posters now?
A: Yes, we are currently taking orders. We encourage all businesses to order as soon as possible due to the August 2016 compliance date.
Q: Are there other changes pending?
A: Yes, our legal team is monitoring other possible federal changes, as well as numerous state changes. Already this year there have been three federal posting changes. Employers may want to purchase Poster Guard® Compliance Protection so they are covered for 365 days — regardless of how many changes occur. For one low price, they are guaranteed to be in full compliance with federal, state and local posting regulations.
Q: I’m a Poster Guard customer and I already recently received an updated federal poster?
Do I need another update?
A: Yes. Current Poster Guard® Compliance Protection customers did recently receive a free replacement federal poster with the new OSHA change as a courtesy. And now they will receive another updated poster with the FLSA and EPPA changes. With Poster Guard® Compliance Protection Service, no matter how many mandatory changes occur, you are guaranteed to receive updated postings.