Updating Mandatory Employment Posters and Pamphlets

In late 2005, federal and California governmental agencies took measures requiring California employers to update the mandatory employment posters that must be displayed for employees and applicants. Further, due to revisions, employers need to begin handing out a revised version of the workers' compensation information pamphlets.

On December 19, 2005, the U.S. Department of Labor issued new regulations implementing the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). Included in these new regulations were changes to the information that must be provided to employees and dependents of employees who become members of the uniformed services or are activated to provide such service. The changes to the regulations therefore requires employers to post information on the employees rights under USERRA. The California Employment Development Department (EDD) also made changes to its "Notice to Employees" poster, which covers rights to Unemployment Insurance, State Disability Insurance and Paid Family Leave. The Whistleblower's Rights poster was also updated to match the precise language issued by the Attorney General's Office and other state agencies have updated contact information or made technical changes to their posters. Further, the California Division of Workers' Compensation has advised that pamphlets provided to employees who are injured on the job must contain the new benefits rates that became effective January 1, 2006.

Accordingly, all employers should replace these employment posters with the 2006 version of updated federal and state agency posters. In addition, you should only distribute the updated versions of employee pamphlets to employees going on leaves of absence involving possible claims for workers' compensation, state disability insurance or paid family leave, or separating from employment. Copies of these posters and pamphlets can be ordered by visiting the California Department of Industrial Relations' website at http://www.dir.ca.gov/WP.asp or by visiting the California Chamber of Commerce website at http://www.calchamber.com/HRC/BusinessResources. If you have any questions about workplace postings, please feel free to contact Gordon and Rees LLP's Employment Group.