State and federal law require employers to meet workplace posting obligations. What must be posted depends on many factors including the number of employees, nature, and location of the employer’s business, annual dollar volume, whether the employer is a federal contractor, and in certain instances the employer’s industry. Posting requirements vary by statute which means not all employers will be subject to each posting requirement.
Employers subject to posting requirements must conspicuously place required notices in an area of the workplace frequented by employees throughout the workday. A decrease in the number of workers frequenting the workplace – along with a corresponding increase in the number of remote workers – has caused employers to question how best to comply with posting mandates in a virtual environment. California’s newly signed Senate Bill 657 provides clarity and peace of mind.
The law allows, “in any instance in which an employer is required to physically post information, [to] also distribute that information to employees by email with the document or documents attached.” It is important for employers to note that while SB 657 allows electronic distribution, it does not eliminate the employer’s obligation to physically display required postings within its existing workspace.
At the beginning of the pandemic, to stay complaint with existing posting mandates, many employers moved required posting notices to an online environment (e.g., the company intranet) and notified employees where company posting could be viewed. For these employers SB 657 imposes some additional burdens. Since SB 657 does not address notice via a company’s intranet system, these employers should take the extra step – if they haven’t already – of sending the required postings to their employees via email with the document(s) attached. As an added precaution, this email notice could also serve as a reminder to employees that notices can also be viewed at the workplace and on the company’s intranet system.
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