Federal 6-in-1 Poster Update

September 22, 2016

By Jon Geier, Ken Gage & Tammy Daub

We want to bring to your attention some changes to certain employer posting requirements. The U.S. Department of Labor recently announced changes to three components of the Federal Labor Law Poster—commonly referred to as the “Federal 6-in-1 Poster.” The changes affect the Fair Labor Standards Act (FLSA), Employee Polygraph Protection Act (EPPA) and Family Medical Leave Act (FMLA) components.[1] The FLSA and EPPA changes are effective August 1, 2016, and the FMLA changes became effective in April 2016.

First, the FLSA posting requirement was revised to cover the rights of nursing mothers, classification of independent contractors and the wage credit for tipped employees. Second, the EPPA posting requirement modified the reference to penalties. Third, the FMLA posting requirement includes minor text changes and more fully integrates the military family leave provisions than the previous 2013 version did.

As of August 1, 2016, employers must post the revised FLSA and EPPA posters, but DOL’s website indicates that the 2013 FMLA poster “is still good and can be used to fulfill the posting requirement.” However, if you use a vendor for required postings, we recommend that you coordinate with your vendor to make sure their posters include these revisions. You should also make sure that the revised posters are placed on all of the bulletin boards where you post and on line if you provide notice to employees in that manner.

DOL’s website provides pdf versions of all three revised posters:

https://www.dol.gov/whd/regs/compliance/posters/flsa.htm

https://www.dol.gov/whd/regs/compliance/posters/eppa.htm

https://www.dol.gov/whd/regs/compliance/posters/fmla.htm

[1] The other components of the 6-in-1 poster are: Equal Employment Opportunity (11/09); Occupational Safety and Health Administration (04/15); and Uniformed Services Employment & Re-Employment Rights Act (USERRA) (10/08).

Click here for a PDF of the full text