How employers can avoid living in sin.Robert Browning once wrote, "Ignorance is not innocence but sin." If the poet was correct, then many California employers are living in sin. California law requires employers to conspicuously display several different posters in the workplace where they can be read by their employees. However, many employers are completely unaware of what posters they are required to display in the workplace. The sin for failing to display the proper notices can include civil penalties, fines, and possible jail time. However, these painful penalties may be avoided by following the ten commandments of displaying work place notices. Whether your business is family-owned or otherwise, California law requires that employers conspicuously display required posters in the workplace where they can be read by their employees. The ideal places for posting notices are over a time clock or in a break room. The worst place for posting notices is in the manager's office, where most employees fear to tread. The First Commandment - Post Notices Where They Will Be Seen. The Second Commandment - Post The Required Pay Day Notice. California law requires that employers post the day, time, and place of the regular pay date. The Third Commandment - Post The Required Anti-Sexual Harassment Policy. California law requires that employers post an anti-sexual harassment policy. The policy must, at a minimum, state that sexual harassment is illegal, define sexual harassment under the law, provide examples of what is sexual harassment, explain the internal complaint process of the employer available to the employee, the legal and administrative remedies available under California law, and directions on how to contact or complain to the Department of Fair Employment of Housing for acts of sexual harassment in the workplace. The Fourth Commandment - Post All Of The Required Anti-Discrimination Notices California law requires employers to post several anti-discrimination laws. These laws include Fair Employment And Housing Act and the California Family Rights Act. Federal law also requires that employers post several other anti-discrimination notices including Title VII of the Civil Rights Act of 1964, the Americans With Disability Act, and the Federal Family and Medical Act. The Fifth Commandment - Post The Required And Appropriate Industrial Welfare Commission Order The Industrial Welfare Commission has established sixteen separate wage orders. Each wage order explains the minimum wage standards and working conditions of different industries. Those industries include manufacturing, personal service, canning, professional and technical, public housekeeping, including hospitals and caregivers, laundry, mercantile, food production, transportation, amusement, motion picture, and household occupations. California law requires the employer to post the wage order applicable to the employer's industry. The Sixth Commandment - Post The Required Minimum Wage Notice. California law requires that employers post a notice of the minimum wage in California. California law requires employers to post their unemployment insurance and disability benefits. The Seventh Commandment - Post The Required Notices Of Unemployment Insurance And Disability Insurance. The Eighth Commandment - Post The Required Notice Of The Employers' Workers' Compensation Carrier. California law requires employers to post a notice informing employees of their employer's Worker's Compensation insurance carrier or that the employer is certified to be self-insured. The notice must advise employees to report all injuries to the employer, of the injured employee's right to receive benefits, medical care, and other benefits. The Ninth Commandment - Post The Required Employee Polygraph Protection Act. Federal law, not California law, imposes an obligation on employers to advise their employees of the employees' rights regarding polygraph examinations. The Tenth Commandment - Consult With An Experienced Employment Law Attorney Both California and federal law impose a patchwork of additional notice requirements in the workplace. For instance, California law imposes notice requirements in the workplace if the employer operates forklifts, trucks, or tractors. Other notices are required if the employer uses hazardous chemicals, asbestos, carcinogens, or lasers. Some of these notices must be in English and in Spanish. Still other notices may be required in the event of labor disputes or lockouts. Federal law imposes additional notice requirements in addition to those required by California law. These requirements include posting federal minimum wage and overtime rules, and additional notices if the employer is a federal contractor. An experienced employment law attorney should be consulted on a regular basis to ensure that all required notices are conspicuously posted. Consulting with an experienced attorney regarding workplace notices may save the employer from sinning through ignorance. Stephen Madoni is an employment law attorney with firm of Skousen & Skousen. Mr. Madoni specializes in representing employers in employment law and administrative matters. He can be reached at (310) 277-0444. |
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