Many employers are aware that several federal agencies mandate the display of specific labor law posters to inform both employees and employers of their rights and obligations in the workplace. Some businesses, however, may not be aware that certain states also require state-specific notices to be displayed. See our state-by-state labor law poster guide for each state’s requirements. California agencies, for example, have passed several labor laws that are much more stringent than those of their federal counterparts. These differences include what information must be displayed on posters. In this blog post, we will look at California labor law poster requirements and how they differ from federal notices.
Why are Labor Law Posters Important?
Labor law posters are legal notices you must display in conspicuous workplace areas so employees can see them easily. For who must post and why, see our labor law poster compliance guide. In some situations, employers may provide these posters digitally for remote employees. Labor law posters offer essential information about minimum wage standards, workers' rights, anti-discrimination policies, workplace safety, and other crucial topics. Since federal and state laws require these posters to keep workers informed, displaying the mandatory posters provides evidence that you're committed to compliance. Failing to display updated posters correctly can result in fines and penalties.
What are Some Key Differences Between California and Federal Labor Law Posting Requirements?
Both federal and California state labor law posters include mandatory information that employers must display to ensure compliance with labor laws and to inform employees of their rights. However, there are some important differences between the two sets of requirements, primarily because California has several state-specific laws that are more far-reaching than federal regulations. The table below shows some of those key differences. It’s important to note that this is not a complete list of all of the posters that the federal government and California require. The table compares similar posters and how they differ.
|
Topic |
Federal Labor Law Poster |
California Labor Law Poster |
Which Poster Is Required in California? |
|---|---|---|---|
|
Minimum Wage |
Under the Fair Labor Standards Act (FLSA), employers must display the Federal minimum wage poster, which includes the current federal minimum wage and overtime pay standards. |
The California “Minimum Wage” order lists the state’s minimum wage, which is higher than the federal minimum wage. Therefore Employers should display the required California Minimum Wage Poster. |
Both posters are required to be displayed. |
|
Safety and Health |
The Occupational Safety and Health Administration (OSHA) requires employers to display the “OSHA Job Safety and Health: It's the Law” poster to inform workers of their rights under the Occupational Safety and Health Act (OSH Act). |
Under the California Occupational Safety and Health Act (Cal/OSHA), employers must display the “Safety and Health Protection on the Job” poster, which provides information on health and safety protections. Often, the rules required under Cal/OSHA are more encompassing than the federal OSHA rules. |
California employers must display the Cal/OSHA poster. |
|
Harassment and Discrimination Protections |
The Equal Employment Opportunity Commission (EEOC) created the “Know Your Rights: Workplace Discrimination is Illegal” poster, which prohibits workplace discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. |
The California Civil Rights Department (CRD) requires employers to post the “California Law Prohibits Workplace Discrimination and Harassment” poster, which includes additional protections against discrimination based on categories not covered by federal law, such as sexual orientation, gender identity, etc. |
Both posters are required to be displayed. |
|
Family and Medical Leave |
Under the Family and Medical Leave Act (FMLA), the “FMLA” poster must be displayed by private sector employers who employ 50 or more employees to inform them of their right to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage. |
The CRD requires the “Family Care & Medical Leave & Pregnancy Disability Leave” poster to be displayed, as it is the equivalent of the federal FMLA but includes more protections and may apply to smaller employee sizes. |
Both posters are required to be displayed by covered employers. Smaller entities with less than 50 employees must post only the California notice. |
In addition to the items mentioned above, the following are also required to be displayed in the workplace by virtually all California-based employers:
- Rights as a Pregnant Employee
- Paid Sick Leave
- Time Off to Vote
- Emergency Phone Numbers
- Unemployment Insurance (Notice 1857A)
- Unemployment Insurance (Notice 1857D)
- Sexual Harassment
- Transgender Rights
- Workers' Compensation Notice
- Payday Notice
- Whistleblowers Protection
Additional required and recommended federal posters include:
- Employee Polygraph Protection Notice
- USERRA Rights and Benefits Notice
- IRS Earned Income Tax Credit Notice / Notice 797 / W-4 Notice (notification requirement only)
- Employee "Right to Know" Notice (proprietary notice, not required to be posted, but meets notification requirements)
- USCIS Discrimination Notice (not required to be posted but meets notification requirements)
Where Can I Order California and Federal Labor Law Posters?
One of the biggest challenges for employers in remaining compliant with labor law posting requirements is keeping their federal and California and federal labor law posters up-to-date. Most posters are updated annually, but some can be updated multiple times a year if law changes occur. In the event of an update, most federal and state government agencies make the new poster available for free on their websites. When these notices are updated, however, there is usually very little in terms of announcements that the newly required resource is now available and must replace an outdated version. This means that employers must spend their time researching and keeping track of new or updated posters or face possible fines and penalties for non-compliance. In some situations, employers not providing current labor law posters can face fines of thousands of dollars, depending on the severity of the violations. For these reasons, many businesses turn to private companies to manage their labor law posters for them.
For employers needing nationwide notices only, our federal labor law poster meets all DOL, OSHA, and EEOC posting requirements. As a complete labor law compliance service, Labor Law Posters Online monitors and contacts more than 200 state and federal government agencies throughout the year to stay on top of mandatory notifications and required state and federal labor law posters. When new and updated posters are created, our California State & Federal Labor Law Poster will be quickly updated, and existing subscribers to our California Poster Update Program will automatically receive the revised postings as part of their annual subscription. For the latest required updates to California and federal workplace postings, subscribe to our labor law poster updates service, which monitors over 200 state and federal agencies daily
