January 2010 is a great time to check to see if you have current California and Federal workplace posters. In visiting many different companies recently, I have found gaps, some serious.
You don't have to pay $75 or more per poster to be in compliance, but you do have to be current, and posters change from time to time, as recently as November 2009. Also, you can't just put up the poster, all of them have blanks for critical information that must be filled in, and most everyone overlooks that step. Such an oversight means the poster is incomplete and in violation of law.
2010 poster sets, in English and Spanish, are available from the California Chamber of Commerce. The Chamber cost (based on the volume price plus shipping charged ): plain paper poster sets are $19 each for Chamber members and $23 for non-members; laminated sets are $32 for members and $39 for non-members. I have seen other sets as low as $11 but not all on one page, and many vendors charge quite a bit more.
Workplace postings are usually available at no cost from the requiring agency. The Department of Industrial Relations requires employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. Additional posting requirements apply to some workplaces.
Required California and Federal Employment Posters:
(as of 1/8/2010)
- All employers must post the IWC Wage Order regulating wages, hours and working conditions applicable to their industry or occupation group. (see: http://www.dir.ca.gov/IWC/WageOrderIndustries.htm)
- California minimum wage must be posted by all employers: (see:
English: http://www.dir.ca.gov/IWC/Minwage2007.pdf
Spanish: http://www.dir.ca.gov/IWC/Minwage2007-Spanish.pdf
- Payday notice must be posted by all employers. No specific format is required.
- Cal/OSHA's Health and Safety on the Job poster is required for all employers, available at: http://www.dir.ca.gov/dosh/dosh_publications/shpstreng012000.pdf
- Emergency Contact phone numbers must be posted by all employers. No specific format is required.
- Notice Regarding Injuries Caused by Work, issued by the Division of Worker's Compensation, is required. Information about workers' compensation insurance must be inserted in the form, (An often overlooked step by employers.)
Available at: http://www.dir.ca.gov/dwc/NoticePoster.pdf.
- Whistleblower protection poster must be prominently displayed in lettering larger than size 14 type and include a list of employee rights and responsibilities under the whistleblower laws, including the telephone number of the whistleblower hotline maintained by the office of the California Attorney General. See: http://www.dir.ca.gov/dlse/WhistleblowersNotice.pdf
- California Discrimination in Employment and Harassment in Employment poster issued by the Department of Fair Employment and Housing is required. http://www.dfeh.ca.gov/DFEH/Publications/PublicationDocs/DFEH-162.pdf
- Employment Development Department's poster regarding Unemployment, Insurance, Disability Insurance and Paid Family Leave is required See: http://www.edd.ca.gov/pdf_pub_ctr/de1857a.pdf
- Equal Employment Opportunity, issued by the Federal EEOC, is required. See: http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf.
- Federal Minimum Wage poster is required. See: http://www.dol.gov/whd/regs/compliance/posters/minwagep.pdf
- Federal protection for veterans, Your Rights Under USERRA, is required, See: http://www.dol.gov/vets/programs/userra/USERRA_Private.pdf
- Depending on the number of employees of the company, the employer may not need to post anything regarding pregnancy or family leave (if one to four employees); or the Pregnancy Disability Leave notice, (five to forty nine employees)
See: http://www.dfeh.ca.gov/DFEH/Publications/PublicationDocs/DFEH-100-20.pdf;
or may need to post Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave notice,
See: http://www.dfeh.ca.gov/DFEH/Publications/PublicationDocs/DFEH-100-21.pdf
In any event, if the employer posts one of these Pregnancy or Family Leave notices, it is important to insert the name of the person at the company to contact for information.
- Federal law also requires posting regarding the Employee Polygraph Protection Act. See: http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eppac.pdf
Other Special Purpose Postings Which Apply at Specific Times or for Specific Circumstances:
- Time Off to Vote: All employers must post for 10 days preceding statewide election. See: http://www.sos.ca.gov/elections/tov_final.pdf
- Cal/OSHA Summary of Work Related Injuries and Illnesses, Form 300A must be posted by most employers with 10 or more employees during the time period of Feb. 1 each year until April 30. Seek advice on whether this requirement applies to your work place and for assistance in completion, if needed.
- Access to medical and exposure records information is required of all employers using hazardous or toxic substances.
- Operating Rules for Industrial Trucks are required to be posted where forklift and other related equipment operators can see them, by employers operating forklifts and other types of industrial trucks or tow tractors. Similarly, posters with operating rules for Agricultural Tractors are required.
- No smoking signage must be posted designating where smoking is prohibited in a place of employment.
- Farm labor contractor statement of pay rates must be displayed prominently where work is to be performed and on all vehicles used for transportation of employees by farm labor contractors licensed by the Division of Labor Standards Enforcement.
- Prevailing wage rate determinations must be posted by public works awarding bodies and contractors.
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