Don’t Forget to Update Your Workplace Posters in the New Year

Client Alert

January 2022

As we begin 2022, one HR housekeeping item we recommend is updating workplace posters to ensure compliance with federal, state, and local requirements for California employers in 2022. Below are links to some useful resources to help ensure your business is in compliance with all requirements:

The Department of Labor (“DOL”) maintains a listing of all federally required posters, with links to each posting that’s available here . Because not all employers must post every posting, the DOL provides a tool to help employers determine which posters are required by answering a series of questions about the nature of the business; it’s available here.

On the State level, California’s Department of Industrial Relations maintains a list of posting requirements on its website.

All-in-one posters to ensure federal and state posting compliance are also available on CalChamber’s website for purchase.

In addition to State and Federal requirements, certain localities have unique posting requirements employers often overlook. For example, the City of San Francisco has 13 local postings that could apply to businesses located in the city. CalChamber has a free “Local Ordinance Wizard” on their website which allows one to select a locality and it returns a listing of all locally required posters and in some cases a link to the city or county website. It’s available here. The tool offers options for purchasing local posters as well.

Certain types of employers may also have additional unique positing obligations. CalChamber’s website includes a free tool which describes positing requirements for employers with unique requirements such as agricultural companies and companies whose staff handle hazardous or toxic substances. That tool is available here. It also provides links to certain postings or notices available online.

Employers should note that many of the required postings have to be posted in the language used by a certain number of employees (e.g., 10%), meaning that some postings will have to be in multiple languages. Generally, the required information needs to be posted in a conspicuous location or locations frequented by employees, such as near time clocks or in break areas. Also note that one of the most overlooked required postings are the wage orders – employers are required to post all wage orders that apply to its employees. Posting this required information can prove helpful if an employer is faced with wage and hour, discrimination, safety or other claims.

Finally, due to the large number of telecommuting employees, California enacted SB 657 in 2021. It clarified that when an employer is required to post information, that employer may also distribute that information to employees by email with the documents attached. Importantly, the bill does not alter the employer’s obligation to physically display the required posting at the workplace. Providing employees working remoting with certain information via email can be beneficial to employers as doing so informs those employees of important legal requirements such as the meal and rest period and overtime information discussed in the wage orders, information about the definition of the workweek and workday, and pay period and payday information. The email can also include other selected information such as the company’s meal and rest period policy, information about timekeeping practices, and other information that may need to be emphasized to telecommuting employees. It is worth considering sending out such an email as a reminder to employees working remotely.

While the above tools are a great resources for employers, if your company is uncertain whether it is in compliance with positing requirements or wishes to discuss what information might be helpful to include in an email to telecommuting employees, Stradling’s labor and employment practice group is available to assist.

Labor and Employment Practice Group

Jeff Dinkin

805.730.6820

jdinkin@stradlinglaw.com

Jared Speier

805.730.6804

jspeier@stradlinglaw.com

Intellectual Property Practice Group

Steven Hanle

949.725.4126

shanle@stradlinglaw.com

Corporate and Securities Practice Group