Why the PUMP act is making you get a new minimum wage poster
The Fair Labor Standards Act (FLSA) poster is best known for showing the federal minimum wage rate. Even though the federal minimum wage hasn’t moved since 2009, employers need a new version of the poster.
The Employee Rights Under the Fair Labor Standards Act poster includes information about several aspects of the act. In addition to showing the federal minimum wage rate of $7.25 per hour, it includes material about overtime pay, child labor, the tipped employee credit, and the rights of nursing mothers.
Nursing mothers’ rights expand
A change to the rights of nursing mothers is driving the most recent poster update. Employers need to display the April 2023 version to make it clear that these rights now apply to almost all nursing employees.
Under the FLSA, employers must provide reasonable break time each time a nursing mother needs to express breast milk. They also need to provide a private place, other than a bathroom, where the nursing mother can do this.
Before the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act was signed on December 29, 2022, these rights only applied to nursing mothers who worked in positions that were subject to the law’s overtime provisions. The PUMP Act expanded these rights to include exempt employees, with a few narrow exceptions for some airline, railroad, and motorcoach carrier workers.
April 2023 version of FLSA poster required
Because of this change in the law, the April 2023 version of the FLSA poster is required. Wording that had indicated that the rights of nursing mothers applied to employees subject to the law’s overtime requirements has been removed.
The poster now indicates that reasonable break time is required for nursing employees who have a need to express breast milk for one year after a child’s birth.
In addition, the Nursing Mothers section of the poster has been renamed Pump at Work.
New poster released in May
Although the PUMP Act took effect in December, the law’s enforcement provisions did not take effect until April 28.
Employers who fail to provide nursing employees with the required breaks face fines and lawsuits.
The Department of Labor (DOL) timed the release of the updated poster to closely match the enactment of the enforcement provisions. The revised poster was released on May 2.
Post now, but wait as well
Employers should display the updated version of the poster. It can be downloaded and printed from the DOL workplace posters website.
The DOL notes that employers who post an all-in-one poster from a poster vendor may want to wait before buying an updated poster. These posters typically include several commonly required federal posters, including the FLSA poster and the Know Your Rights poster from the Equal Employment Opportunity Commission (EEOC).
The EEOC is expected to make a mandatory change to the Know Your Rights poster on June 27, to add information about the Pregnant Workers Fairness Act.
Employers may want to wait to get a new all-in-one poster until they EEOC’s update is available. To remain in compliance in the meantime, employers can display the DOL’s update FLSA poster next to their current all-in-one poster. The DOL says this meets posting requirements. 0
After the EEOC update is available, employers can order a new all-in-one poster and display the poster that includes all required updates.
Key to remember: Even though the federal minimum wage has not increased since 2009, employers must post the April 2023 version of the Employee Rights Under the Fair Labor Standards Act poster. They should also watch for an update to the Know Your Rights poster from the EEOC to arrive this summer.