Local and State Law Updates: California and Oregon Release New Posters | SmithAmundsen LLC

As of January 2022, the State of California and the State of Oregon have released new workplace posters and updated certification forms related to various labor laws. The documents discussed below are mandatory postings for all employers, whether in the workplace or provided in employee handbooks. Companies that do not comply may be subject to fines or penalties.

CALIFORNIA

The California Department of Fair Employment and Housing (DFEH) has released several new posters and certification forms as part of the expansion of the California Family Rights Act (CFRA) and its interaction with the Pregnancy Disability Leave Act ( PDL).

This poster details employees’ rights to take job-protected leave to care for themselves or a family member with a serious medical condition, or to bond with a new child (by birth, adoption or foster care). It also outlines an employer’s obligation to provide such leave and accommodations to employees disabled by pregnancy, childbirth or a related medical condition. Finally, the poster provides the address and phone number to file a complaint and confirms that taking family care leave or pregnancy disability may affect benefits and the date of seniority of employees.

This poster discusses CFRA and PDL leave in more detail and notes the following leave obligations, accommodations and requirements:

  • Employers may require certification of health care providers before authorizing PDL or leave for a serious medical condition; however, the health care provider cannot disclose the underlying diagnosis without the patient’s consent.
  • PDL is available when an employee is in fact disabled. This includes leave for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, loss or termination of pregnancy, or any other related medical condition.
  • Employers may require an employee to use accrued sick leave during any unpaid portion of the PDL. Employees may also choose to use vacation or other accrued paid leave to receive compensation to which the employee is entitled, but this may not be required by the employer.
  • Employers must provide reasonable accommodations to employees affected by pregnancy, childbirth or related medical conditions who continue to work. For example, on the advice of a physician, an employee may request a transfer to a less strenuous or hazardous position or modified duties.

This new Equal Employment Opportunity (EEO) poster summarizes the legal prohibitions against workplace discrimination and harassment based on race, color, sex, national origin, religion, age, equal pay, disability or genetic information, pregnancy, childbirth, breastfeeding and related medical conditions. conditions.

The poster lists 15 items prohibited or required of employers in California. Prohibited items address the above characteristics, and some of the required materials are listed below:

  • All employers must provide information to every employee about the nature, illegality and legal remedies that apply to sexual harassment. Employers can either develop their own publications, which must meet the standards set forth in California Government Code Section 12950, ​​or use DFEH materials.
  • Employers with five or more employees and all public entities must provide training to all employees regarding the prevention of sexual harassment, including harassment based on gender identity, gender expression and sexual orientation.
  • Employers, placement agencies, and unions must retain job applications, personnel records, and career counseling records for at least four years.
  • Employers must grant leave of up to four months to employees who are disabled due to pregnancy, childbirth or a related medical condition.

Finally, the poster discusses the remedies provided by law for people who experience discrimination, harassment or prohibited retaliation in the workplace. These remedies include hiring, initial payment, back pay, promotion, reinstatement, cease and desist orders, expert witness fees, reasonable attorneys’ fees and expenses, damages- punitive interests and damages for emotional distress. Complaints can be filed by job seekers, unpaid interns and employees within three years of the last act of discrimination/harassment/retaliation.

This form is an update to the Family and Medical Leave Act (“FMLA”) certification form. This is the documentation that employers may require before authorizing a PDL or CFRA leave for a foreseeable event.

OREGON

New “Safety and health posteris an OSHA poster published by the Oregon Division of Occupational Safety and Health (“Oregon OSHA”). The poster must be displayed in the workplace, in a conspicuous place frequented by all employees.

The poster outlines workers’ rights to a safe workplace and the standards employers must follow to ensure that right. It also informs employees of their right to (i) notify employers or Oregon OSHA of workplace hazards; (ii) request an Oregon OSHA inspection; (iii) report work-related injuries or illnesses without retaliation; and (iv) file complaints with the Oregon Bureau of Labor and Industries or Federal OSHA.

The standards that employers must practice are:

  • Display all OSHA citations in the workplace.
  • Correct all workplace hazards by the date listed on the citation and certify that the hazard has been reduced or eliminated.
  • Provide the record of industrial accidents and occupational diseases to employees upon request.

Finally, the poster provides employees with the address and telephone number of the OSHA region responsible for handling complaints regarding the administration of the Oregon Safe Employment Act of 1973.

CONCLUSION

Employers in California and Oregon should be aware of these new posters and updated certification forms. It is also imperative that employers comply with all information and, if necessary, provide these documents to employees in the workplace, including, where possible, in workplaces remote from employees. As always, questions regarding these matters should be directed to an experienced labor and employment lawyer.

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