Workplace Notices Required By Law

Most small-business owners understand that there are confusing and perhaps excessive government regulations that they must comply with in order to stay in business. However, many businesspeople are unaware that the state and federal governments and their various regulatory agencies require various posters and notices to be placed in a conspicuous location at the place of business.

The California Industrial Welfare Commission has approximately 16 separate orders regulating minimum wages and standards for employee hours and working conditions. The order that applies varies according to the type of business. A manufacturing business may have separate requirements as opposed to a transportation business or a clerical business.

California also requires an employer to post the date, time and the nearest payment office for paydays. We have yet to see a case where an employee did not know when or where to pick up a paycheck

The California Department of Occupational Safety and Health, known to most businesspeople as Cal-OSHA, requires that a poster containing various safety and health-related information be displayed.

The Industrial Welfare commission poster, payday notice, and Cal-OSHA poster can be obtained by writing the California Department of Industrial Relations, Attn: Posters, PO Box 420603, San Francisco, CA 94142-0603, or you can call (415)703-5281.

In addition to these signs, state law also requires a poster indicating that discrimination in employment is prohibited by law. The fair employment practices information now also contains information regarding sexual harassment in the work place. These posters can be obtained from the district office of the Department of Fair Employment & Housing.

Employers must also post a notice regarding unemployment insurance and disability insurance. This poster can be obtained from the local office of the state Employment Development Department.

State law also requires that the worker's compensation insurance carrier for the employer be identified in a poster. This poster is available from the insurance carrier who provides the worker's compensation policy. Employers must post the expiration date of their current worker's comp coverage and list the telephone number of the Division of Labor Standards & Enforcement, along with an invitation to the employee to call and report the expiration of the boss's worker's comp insurance coverage.

Failure to post these notices can result in serious penalties, including fines of up to $7,000 and, in some cases, imprisonment.

Not to be outdone by the state, there are various federal agencies that also require notices be posted by employers.

In addition to discrimination provisions some federal laws require notices about polygraph protection, minimum wage and elections. Employers can contact the local field office of the Hour & Public Context Division of the U.S. Department of Labor for more information. There is a local office for the DOL in San Diego.

It is important for small-business owners and managers to be aware of these numerous regulations. The fines for failure to post the required notices can be steep. Even if small businesses comply with wage and anti-discrimination regulations, a government inspector can still issue a fine if there isn’t a poster in the workplace.

I’ve seen these regulations enforced after random and unannounced inspections of the workplace, so the small-business owner who does not comply with the laws does so at his or her own risk. Make no mistake – Big Brother is out there and may not always be interested in whether an employer wants his help or not.

Jim Testa is senior partner of the San Marcos-based law firm of Testa & Associates, LLP, and may be reached at 760-891-0490