If 2016 is anything like the past year, we can expect a steady pace of labor law posting changes – most certainly on the state level and, based on ongoing developments, on the federal level, too.
Most employers are required to display six mandatory federal posters in the workplace, including EEOC, FLSA/Minimum Wage, OSHA, EPPA, FMLA, and USERRA. Although there were no mandatory changes to these postings in 2015, there are several changes pending for 2016.
Typically, a law is passed and the government updates the poster before the compliance deadline or the effective date of the law. But that is not always the case. Other times a law will go into effect and the government takes weeks or months to catch up and get the new information onto the posters, as follows:
- EEOC posting
Change expected based on 4/8/15 law prohibiting discrimination due to sexual orientation and gender identity, and 3/24/14 law expanding veteran protections. Although this change is based on two laws – and these laws primarily affect federal contractors – the poster being updated is currently required for all employers, whether they have federal contracts or not. This is the “EEO is the Law” poster, issued by the Equal Employment Opportunity Commission (EEOC). In September 2015, the Office of Federal Contract Compliance Programs (OFCCP) released a new mandatory poster for federal contractors, meant to serve as a temporary supplement to the “EEO is the Law” poster. The OFCCP also announced it was working with the EEOC to develop a new poster expected to be released in early 2016. At this time, it’s not clear whether the new version of the “EEO is the Law” poster will be required for all employers or just federal contractors.
- FMLA posting
Change expected based on the new definition of spouse effective 3/27/15. The Department of Labor (DOL) revised the regulatory definition of spouse under the Family and Medical Leave Act (FMLA), which means eligible employees in legal same-sex marriages can now take FMLA to leave to care for their spouse or covered family member. The current FMLA poster uses the term “spouse,” but it hasn’t been updated by the agency to incorporate the new regulations.
- FLSA posting
Change expected based on proposals issued 6/30/15 to update “white collar” exemptions. Modifications to the overtime exemptions under the Fair Labor Standards Act (FLSA) would include raising the salary threshold from $455 a week to more than $900 a week. This would extend overtime protections to millions of lower-paid white-collar employees. The public comment period ends shortly, and the final regulations are expected in the summer of 2016.
- OSHA posting
In May 2015, OSHA released a new version of the federal OSHA poster incorporating new recordkeeping requirements for work-related accidents and fatalities. Please note: This was a non-mandatory posting change, and the previous version of the OSHA posting remains fully compliant.
Posting compliance is becoming increasingly complex. Don’t try to manage this tremendous responsibility on your own! With a service like Poster Guard® Compliance Protection, you can be certain you’re up to date with all required federal and state labor law postings. Backed by an expert legal team, Poster Guard Compliance Protection provides 365 days of hassle-free labor law posting compliance – guaranteed.
In the meantime, we’ll continue to monitor these pending changes throughout 2016 -- and keep you informed of their impact on your business.