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. Posters must be conspicuously placed in an area of the workplace frequented by employees throughout the workday.
In California, due to the decrease in the number of workers frequenting the workplace—and a corresponding increase in the number of remote workers—employers are now allowed, “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.”[1] It is important for employers to note that the ability to provide notice through electronic distribution does not eliminate the employer’s obligation to physically display required postings within its existing workspace.
As discussed here, the Equal Employment Opportunity Commission’s Know Your Rights: Workplace Discrimination is Illegal poster has been updated for 2023. Below is a list of eight California mandated posting and two pamphlets that will be updating for 2023[i]:
Posters:
- California Minimum Wage
- Family Care and Medical Leave and Pregnancy Disability Leave
- Your Rights and Obligations as a Pregnant Employee
- California Law Prohibits Workplace Discrimination and Harassment
- Transgender Rights in the Workplace
- Know Your Rights; Workplace Discrimination is Illegal
- Your Rights Under the USERRA
- Safety and Health Protection on the Job (Cal/OSHA)
Pamphlets:
- Unemployment Insurance
- EEOC
[1] Cal. Lab. Code Section 1207
[i] Listing provided by Robert Roy Ventura County Agricultural Association; President/General Counsel’s email message (12/21/2022).