FMLA – Posting Violation

A Maryland federal court held that employees cannot sue their employer for failing to post the required Family and Medical Leave Act notice.  Employers who are covered by the FMLA are required to display in a “conspicuous” place a poster that informs employees of their rights under that law. In Antoine v. Amick Farms, LLC, employees claimed that the employer’s failure to comply with the poster requirement prevented them from learning of their entitlement to legally protected FMLA leave. The court, however, determined that there was no private right of action to enforce this notice requirement; under the law, only the Department of Labor had the authority to enforce it. Nonetheless, we recommend that covered employers should take care to comply with the posting requirement.