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Posting Requirements (January 2006)
 

POSTING REQUIREMENTS

All employers must have notices posted in the workplace which are legally required by both state and federal regulations. The posting must be in a conspicuous area accessible to all employees.
The size of the workforce will determine which posters are required of employers. Generally, as a rule, the federal laws apply to employers with 15 or more employees; most California laws and regulations apply to employers of five or more.
An exception is the State of California sexual harassment law which apply upon the hiring of one or more individuals as an employee or independent contractor. The following list outlines the current postings required, along with a notation of which agency has the posters available for employers.

Federal Posting Requirements:
1. Minimum Wage and Maximum Hours - U. S. Dept. of Labor (www.dol.gov) Form WH Pub 1088 (Rev 10/96)
2. Equal Employment Opportunity Commission Notice - Equal Employment Opportunity Commission (EEOC) (www.doi.gov) Form EEOC P/E - 1 (Rev 9/02)
3. Age Discrimination in Employment Notice - EEOC;
4. Americans with Disabilities Act (ADA) Notice - EEOC;
5. Safety and Health Protection on the Job (OSHA)- U. S. Department of Labor;
6. Employee Polygraph Protection Act - U. S. Department of Labor (www.dol.gov) WH Pub 1462 (Sept 1988)
7. Family and Medical Leave Act of 1993 (For Employers of 50 or more employees) - U. S. Dept. of Labor (www.dol.gov) - Form WH Pub 1420 (rev Aug 2001)
8. Uniformed Services Employment and Reemployment Rights Act (USERRA)(NEW as of 12/9/05)

State Posting Requirements:
1. Wage Order - California Industrial Welfare Commission Orders - Division of Labor Standards Enforcement (DLSE);
2. Minimum Wage Poster - Industrial Welfare Commission (IWC) (www.dir.ca.gov/IWC) - Form MW 2001
3. Discrimination in Employment is Prohibited by Law - Department of Fair Employment and Housing (DFEH);
4. California Family Rights Act (for employers of 50 or more employees) - DFEH (www.dfeh.ca.gov) Form 100-21 (1/00)
5. Pregnancy Disability Leave - DFEH (www.dfeh.ca.gov) Form DFEH 100-20 (1/00)
6. Sexual Harassment and Discrimination is Prohibited by Law - DFEH (www.dfeh.ca.gov) Form DFEH 162 (4/04) [Employers must also distribute to all employees the Sexual Harassment pamphlet (or its equivalent) to all employees]
7. Proposition 65 Warning Notice pursuant to the Health and Safety Code regarding exposure to chemicals known to cause cancer or reproductive harm - Cal Osha;
8. Election Notice - employers must post at least ten (10) days prior to a statewide election a notice regarding time off for voting. (Employer may draft); (www.ss.ca.gov)
9. Notice to Employees - Unemployment Insurance, State Disability Insurance and Paid Family Leave - Employment Development Department (www.edd.ca.gov) (Forms DE1857A Rev. 35 10/03)
10. Pay Day Notice - outlines the regular pay days and time and place of payment - Department of Industrial Relations (www.dir.ca.gov)
11. Notice to Employees - Injuries Caused by Work - Department of Workers’ Compensation (www.dir.ca.gov/dwc) - DWC Form 7 (8/1/04)
12. Workers Compensation Insurance information - each employer is required to post a notice which identifies the insurance carrier or other responsible entity for work place injuries - obtain from insurance carrier;
12. Safety and Health Protection on the Job - Department of Industrial Relations, Division of Occupational Safety and Health - Cal/Osha (www.dir.ca.gov/dosh) - August 2003
13. Access to Medical and Exposure Records - Cal/Osha;
14. Off Duty Recreational Activities - Each employer must have posted pursuant to the California Administrative Code the following:

"Your employer or its insurance carrier may not be liable for payment of Workers Compensation Benefits for any injury which arises out of an employee's voluntary participation in any off duty recreational, social or athletic activity which is not part of the employee's work related duties."
15. Emergency Numbers - Department of Industrial Relations (www.dir.ca.gov) Form S-500 (3/90)
16. Log and Summary of Injuries and Illness- Department of Industrial Relations, Division of Occupational Safety and Health (www.dir.ca.gov/dosh) (revised 4/2004)
17. Whistleblower Protection Act - Office of the California Attorney General - (1/04) Employers may obtain copies of the above posters and notices from the agencies web sites or by contacting the agencies directly.

U. S. Department of Labor:
Wage and Hour Division
115 North Central Avenue
Glendale, Ca

Occupational Health and Safety Administration(OSHA):
2424 Arden Way, #165 2800 Cottage Way, #W1721 7807 Convoy Court, #140
Sacramento, CA 95825 Sacramento, Ca 95825 San Diego, Ca 92111

Division of Occupational Health & Safety (CAL/OSHA):
P.O. Box 420603
San Francisco, CA 94142

California Department of Fair Employment and Housing:
611 West 6th Street, #1500
Los Angeles, CA 90012

California DLSE:
320 West 4th Street, #450 6150 Van Nuys Blvd., #100
Los Angeles, Ca 90012 Van Nuys, CA 90401

Equal Employment Opportunity Commission:
255 East Temple Street
Fourth Floor
Los Angeles, CA 90012
There are several companies which make these posters available for purchase. Many of the posters are condensed in size and put on one large poster for a more convenient way to accomplish the posting requirements.

Posting Requirements (January 2006)

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This information is intended to provide guidance in the area of employment law and is provided as a service of the Firm. While every effort has been made to ensure the accuracy of the information contained in this bulletin, it is not intended to serve as "legal advice". If additional information or assistance is needed on any of the topics contained in this informational package or any other matter, please feel free to contact Cynthia Elkins for further information. All rights reserved. ©2005.

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