Federal and State Law Posters and NoticesĀ 

02.2001
Employment Law Reporter, Ervin Cohen & Jessup LLP

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
(Post 10 days preceding any statewide election)

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.

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