Federal and State Law Posters and NoticesĀ
A number of federal and state laws require the posting of certain notices to inform employees of their rights and obligations under various employment laws. These notices must be conspicuously posted in areas of the workplace where employees typically congregate, such as a lunchroom. What follows is a list of the notices that a typical employer must post, along with information concerning the number of employees required for posting, the source of the notice, and the poster number and date. Employers are required to post the most current version of each poster.
I. Federal Posting Requirements
Poster | Required For | Source | Poster Number & Date |
1. Family and Medical Leave Act (FMLA) | Employers with 50 or more employees and must be posted in languages in which employees are literate | U.S. Department of Labor Wage and Hour Division | WH Pub.1420; June 1993 |
2. Equal Employment Opportunity is the Law (including Americans With Disabilities Act and Age Discrimination in Employment Act) | All employers | U.S. Department of Labor, Equal Employment Opportunity Commission | 1997-423-940; 1997 |
3. Notice: Employee Polygraph Protection Act | All employers | U.S. Department of Labor Wage and Hour Division | WH Pub. 1462; September 1988 |
4. Minimum Wage (Fair Labor Standards Act) | All employers employed in interstate commerce | U.S. Department of Labor | WH Pub. 1088; October 1996 |
5. Log and Summary of Occupational Injuries and Illnesses | Employers with 10 or more employees (must be posted for the month of February each year). | U.S. Department of Labor | OSHA No. 200; No date |
II. California Posting Requirements:
Poster | Required For | Source | Poster Number & Date |
1. California Family Rights Act (CFRA) | Employers with 50 or more employees | California Department of Fair Employment and Housing (DFEH) | No number or date |
2. Pregnancy Disability Leave | Employers with 5 or more employees | California Department of Fair Employment and Housing | No number or date |
3. Harassment or Discrimination in Employment is Prohibited | All employers | California Department of Fair Employment and Housing | DFEH 162; November 2000 |
4. Industrial Welfare Commission Wage Orders regulating wages, hours and working conditions | All employers must post the appropriate industry specific Wage Order and Summary | California Department of Industrial Relations | There are 16 numbered Wage Orders plus the Summary. All are dated 2001. |
5. Notice of Workers' Compensation Carrier | All employers | California State Compensation Insurance Fund District Offices | No number or date |
6. Notice to Employees: Unemployment Insurance and Disability Insurance | All employers | California Employment Development Department | DE 1857 A; September 2000 |
7. Safety and Health Protection on the Job | All employers | California Department of Industrial Relations | No number; January 2000 |
8. Pay Day Notice | All employers | California Department of Industrial Relations | No number or date |
9. Notice to Employees: Time Off to Vote | All employers | Office of the Secretary of the State, Election Division | No number or date |
10. Log and Summary of Occupational Injuries and Illnesses | All employers with 10 or more employees. (Post annually during the month of February and keep logs for 5 years) | California Division of Labor Statistics and Research | Cal/OSHA Form 200; No date |
11. Minimum Wage | All employers | Department of Industrial Relations | MW-2001; January 1, 2001 |
Both the state and federal minimum wage posters must be posted, although the current California wage rate is higher than the federal minimum wage. Employers should also be aware that there are additional industry-specific postings which may be required. For example, there are a number of notices that must be posted for employers with government contracts, for employers who use hazardous or toxic substances and for employers in the construction industry. Be sure to consult with your employment law practitioner to ensure that you have complied by posting all of the notices required for your business.