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Legislative Update April 2004

By Chris Hoffman and Amy Doherty - Fisher & Phillips LLP

Are You Up To Date With The 2004 Required Postings and Notices?

California employers have certain posting obligations in addition to the federal posting and notice requirements,. For example, the Department of Industrial Relations requires that employers post the appropriate IWC Order pertaining to the relevant industry, the Minimum Wage Order, a Pay Day Notice, the Cal/OSHA Form 200, and information regarding Worker’s Compensation Insurance. Even though California's minimum wage is higher than the federal minimum wage, both minimum wage posters are required for California employers. The Cal/OSHA Form 200 is a summary form of on-the-job injuries and illnesses that must be posted annually during the month of February. (See Title 8, California Code of Regulations §14305(d)(1)). An employer developed Pay Day Notice is permitted under Labor Code §207 or a sample notice can be obtained from the Division of Labor Standards Enforcement. Other state agencies such as the Department of Fair Employment & Housing and the Employment Development Department have notice or posting requirements as well.

As if that were not enough, there is an entirely new required posting and two mandatory changes to the 2004 employer posting requirements. The mandatory changes have to do with Paid Family Leave on the Disability Insurance posting from the Employment Development Department and with workers' compensation on the Workers' Compensation poster from the Division of Workers' Compensation. The new required posting involves the new protection for employee whistleblowers as a result of Senate Bill 777 on the notice from the Office of the Attorney General. All of these changes are from legislation signed by former Governor Davis that became effective January 1, 2004.

Additionally, there are changes to four of the five required notices to be distributed to employees in 2004. There is a brand new pamphlet from EDD covering Paid Family Leave, to be given to new employees starting January 1, 2004, and to all employees requesting leave for a covered reason starting July 1, 2004. Both the Unemployment Insurance and State Disability Insurance pamphlets have new information, also with reference to the new Paid Family Leave law. The For Your Benefit Pamphlet (DE 2320) explains California's Unemployment Insurance and Disability Insurance programs and must be distributed when an employer discharges or lays off an employee, or places an employee on a leave of absence. The State Disability Insurance Provisions Pamphlet (DE 2515) explains an employee's disability insurance rights and must be distributed to all new hires and again if an employee needs disability leave. There is also an updated Workers' Compensation pamphlet that must be given to all new employees that includes new required language mandated from reform legislation effective January 1, 2004. Finally, every California employee must receive a sexual harassment information sheet from his/her employer.

You should place the required posters anywhere that employees can easily read them such as a break room, common hallway, payroll office, or even a restroom. In addition, you must display several of the posters (polygraph protection, and state and federal anti-discrimination posters) where job applicants can read them. Finally, the posters must be posted in each company location.

Violations of the posting and notice requirements can result in substantial fines and penalties against employers so it is important to ensure compliance with these requirements.

Fisher & Phillips LLP is a national law firm representing employers exclusively in labor and employment matters. Chris Hoffman and Amy Doherty work in the San Diego office of Fisher & Phillips LLP and can be reached at (619) 881-1960.

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