Don’t Forget to Update Your Workplace Posters in the New Year | Straddling Yocca Carlson and Rauth

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

The Department of Labor (“DOL”) maintains a list of all federally required posters, with links to each available publication. here . Since not all employers are required to post every advertisement, the DOL provides a tool to help employers determine which posters are needed by answering a series of questions about the nature of the business; It’s available here.

At the state level, the California Department of Industrial Relations maintains a list of posting requirements on its website.

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

In addition to state and federal requirements, some localities have unique posting requirements that 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 its website that allows you to select a locality and returns a list of all locally required posters and, in some cases, a link to the city or county website. It’s available here. The tool also offers options for purchasing local posters.

Certain types of employers may also have additional unique positioning obligations. CalChamber’s website includes a free tool that outlines placement requirements for employers with unique requirements such as agricultural businesses and businesses whose staff handle hazardous or toxic substances. This tool is available here. It also provides links to certain messages or notices available online.

Employers should note that many of the required displays must be displayed in the language used by a certain number of employees (eg 10%), which means that some displays will need to be in multiple languages. As a general rule, the required information should be displayed in a conspicuous place or in places frequented by employees, such as near clocks or in break areas. Also note that one of the most overlooked mandatory postings are salary orders – employers are required to post all salary orders that apply to their employees. Displaying this required information can be useful if an employer is faced with wage and hour, discrimination, safety or other grievances.

Finally, due to the large number of telecommuting employees, California enacted SB 657 in 2021. It clarified that where an employer is required to post information, that employer may also distribute that information to employees via e- email with attached documents. Importantly, the bill does do not amend the employer’s obligation to physically display the required signage in the workplace. Providing employees working remotely with certain information via email can be beneficial for employers, as it informs these employees of important legal requirements such as meal and rest period and overtime information discussed in pay orders. , information about the definition of the work week and day, and information about the pay period and pay day. The email may also include other selected information such as company policy on meal and rest periods, information on timekeeping practices, and other information that may need to be emphasized to employees. in telework. It is worth considering sending such an email as a reminder to employees working remotely.

While the tools above are great resources for employers, if your company isn’t sure if it’s in line with the job requirements or wants to discuss what information might be useful to include in an e- mail to telecommuting employees, the Stradling Labor and Employment Practice Group is available. to help.

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