2010 Changes to Required Posters and Pamphlets

Required Postings: Per the California Chamber of Commerce’s informational web pages, California employers must conspicuously display required labor posters or notices where all employees may view them. Several of the employer posters must also be displayed where job applicants can read them (e.g. polygraph protection and state and federal anti-discrimination posters). Even if a company only has one employee, it must display these notices. Companies must post a separate set of these notices in each company location. Companies may be fined up to $17,000 for not posting all required notices.

The California labor posters contain the following topics:

• Equal Employment Opportunity Information
• Employment Development Department (EDD) Information
• Minimum Wage Requirements (California minimum wage poster and federal minimum wage)
• Military Leave Benefits
• Safety and Health Requirements
• Workers’ Compensation Information
• Discrimination and Harassment Information
• Family/Medical Leave and Pregnancy Leave
• Whistleblower Protection
• Time off for Voting
• Polygraph Protection
• Unemployment Insurance, Disability Insurance and Paid Family Leave Information
• Local Emergency and Cal/OSHA Contacts
• Company Payday Schedule

2010 Changes to Required Postings: The following are the changes to be made to the required notices:

1. Equal Employment Opportunity Commission Poster. As mentioned in a previously posted blog article, this revised poster (revised in November 2009) contains 2008 amendments to the Americans with Disabilities Act (ADA Amendments Act of 2008) and the Genetic Information Nondiscrimination Act of 2008 (GINA). It also contains U.S. Department of Labor updates.

1. Safety and Health Notice. This poster contains updated contact information.

1. Federal Minimum Wage Notice. This revised poster (revised in July 2009) contains modified penalties for child labor law violations.

1. Family Medical Leave Act (FMLA). Revised January 2009, this poster reflects recent amendments to family and medical leave laws.

Required Pamphlets:

Employers must distribute seven pamphlets or notice sheets under the following conditions:

1. California’s Unemployment Insurance pamphlet: Must be distributed whenever an employer terminates or places an employee on a leave of absence.
2. State Disability Insurance pamphlet: Must be distributed to all new hires and again to employees on disability leave.
3. Workers’ Compensation Rights and Benefits pamphlet: Must be given to all new hires.
4. Sexual Harassment pamphlet: Must be given to employees and independent contractors (or alternatively, this information must be included in the company handbook)
5. Paid Family Leave pamphlet: Must be given to new hires and again to employees requesting time off for a covered reason.
6. Earned Income Tax Credit Notification: All employers must notify all employees of the federal Earned Income Tax Credit (EITC).
7. Notice to Employees (DE 35). This notifies employees that the company is required to send copies of the W-4 form to the Franchise Tax Board if the form meets certain criteria. The form is available on the Employment Development Department website.

Please note: the State Disability Insurance and the Unemployment Insurance pamphlets contain new updates for 2010.

Fortunately, an “all in one poster” for 2010 containing all California and federal law posters may be purchased from the California Chamber of Commerce along with the up-to-date required pamphlets and notices at

http://www.calbizcentral.com/store/category/pages/posters.aspx.

If you have any questions on these or any other employment laws, please contact me or any of our other employment law attorneys. Best, Cindy Bamforth