MEMORANDUM

TO:		Mandatory Poster Agency

FROM:	Rhonda R. Ames

RE:		California Posters

DATE:	February 20, 2008

I have researched the California posting requirements and provide you with the following information:  I have provided the URL address for each of the posters for your reference, however, I have also attached a copy of the poster to this memo.

POSTERS

Unemployment Insurance, Disability Insurance, Paid Family Leave Benefits
http://www.edd.ca.gov/uirep/de1857a.pdf

There are numerous textual changes throughout the poster.  Therefore, I would recommend that Mandatory reprint it in its entirety.

Unemployment Insurance
http://www.edd.ca.gov/uirep/de1857d.pdf

I don’t see that Mandatory has this poster printed at all.  Therefore, please print it in its entirety.

Harassment or Discrimination in Employment is Prohibited by Law
http://www.dfeh.ca.gov/publications/publications.aspx?showPub=11

The poster is correct as is.

Pregnancy Disability Leave
http://www.dfeh.ca.gov/publications/publications.aspx?showPub=4

There are numerous textual changes throughout the poster.  Therefore, I would recommend that Mandatory reprint it in its entirety.

Family Care/Medical/Leave/Pregnancy/Disability
http://www.dfeh.ca.gov/publications/publications.aspx?showPub=5

The poster is correct as is.

Emergency Phone Numbers
http://www.dir.ca.gov/dosh/dosh_publications/S500pstr.pdf

The poster is correct as is.

Minimum Wage
http://www.dir.ca.gov/IWC/Minwage2007.pdf

The poster is correct as is.

Summary of Wage Orders 1-13, 15 & 17
http://www.calchamber.com/NR/rdonlyres/98457852-4C23-4E84-A39F-2DFE08944AB1/0/SummaryforWageOrders11315and17.pdf

Summary of Wage Order 14
http://www.calchamber.com/NR/rdonlyres/2353B323-4036-41F2-BC97-89C30EE3DA8A/0/summaryiwc14.pdf

Currently Mandatory has printed a poster entitled “Official Notice Industrial Welfare Commission – Summary for Wage Orders 1-15 and Interim Wage Order - 2001."  First of all, there are numerous changes to the text, therefore it would needed to be reprinted.  

However, I have called numerous departments trying to determine whether the Summary of Wage Orders is allowed when California Labor Code 1183 indicates that “each employer shall post a copy of the order in the building in which employees affected by the order are employed.”  The order being referenced is one of 17 Wage Orders provided by the State of California.  An employer is required to post a wage order depending upon what type of business/industry is involved.

I believe that in order to comply, Mandatory would have to have provide a list of the 17 various wage orders and ask an employer which order(s) they need, depending upon their industry.  Mandatory would then have to send the Wage Order on plain paper for it to be posted.

Another alternative is to provide the information on the poster of where an employer can obtain the specific wage order.  I would suggest it look something like as follows:

Pursuant to California Labor Code 1183, each employer shall post a copy of the Wage Order in the building in which employees affected by the Wage Order are employed.

The Wage Orders are as follows:

Wage Order #1	-	Manufacturing Industry
Wage Order #2	-	Personal Services Industry
Wage Order #3	-	Canning, Freezing, and Preserving Industry
Wage Order #4	-	Professional, Technical, Clerical, Mechanical and Similar Occupations
Wage Order #5	- 	Public Housekeeping Industry
Wage Order #6	-	Laundry, Linen Supply, Dry Cleaning and Dyeing Industry
Wage Order #7	-	Mercantile Industry
Wage Order #8	-	Industries Handling Products After Harvest
Wage Order #9	-	Transportation Industry
Wage Order #10	-	Amusement and Recreation Industry
Wage Order #11	-	Broadcasting Industry
Wage Order #12	-	Motion Picture Industry
Wage Order #13	-	Industries Preparing Agricultural Products for Market, on the Farm
Wage Order #14	-	Agricultural Occupations
Wage Order #15	-	Household Occupation
Wage Order #16	-	Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries
Wage Order #17	-	Miscellaneous Employees

The Wage Orders may be downloaded at http://www.dir.ca.gov/IWC/WageOrderIndustries.htm or you may contact your local Department of Labor Standards Enforcement district office.  

The employer is to obtain the proper Wage Order(s) for the appropriate business and attach it to this poster in this area.

I would suggest printing this and leaving it open for an 8 ½ x 11 space, so that an employer can affix the  wage order in its place.

Safety and Health Protection on the Job
http://www.dir.ca.gov/dosh/dosh_publications/shpstreng012000.pdf

The poster is correct as is.

Payday Notice
http://www.dir.ca.gov/dlse/PaydayNotice.pdf

The poster as Mandatory has it, is more detailed than the poster as California has it on their website.  The text as California has it is correct on Mandatory’s poster.  I don’t have an issue with Mandatory’s poster, therefore, I would suggest leaving it as it is.

Whistleblowers are Protected
http://www.dir.ca.gov/dlse/whistleblowersnotice.doc

The poster is correct as is.
	
Notice to Employees - Injuries Caused by Work
http://www.dir.ca.gov/dwc/NoticePoster.pdf

The poster is correct as is.

Time Off for Voting							
http://www.sos.ca.gov/elections/Outreach/posters/toveng.pdf

The poster is correct as is.

Access to Medical & Exposure Records
http://www.dir.ca.gov/dosh/dosh_publications/Access_En.pdf

The poster is correct as is.

Notice of Workers Compensation Carrier

I am unable to provide this poster to Mandatory.  It is obtained by companies through their workers compensation carrier.

However, I would suggest leaving a designated space of 8 ½ x 11 open so that an employer can post the notice it receives from its carrier.  Within that designated space, put language such as:

“Notice of an employers Workers’ Compensation Carrier is required by California Labor Code §3550(a).  

Please affix the notice here.”

FLYERS

Minimum Wage
I have been unable to find the specific statutory reference that requires the minimum wage to be posted.  However, I have seen under each specific wage order reference, there is a requirement that notice of the wage be posted.  

I have spoken to the California Department of Labor Standards and was advised that the statutory reference that requires the Wage Order’s is the same statutory reference that requires the minimum wage. 

However, because the language is not that clear, I would suggest that Mandatory remove the minimum wage statutory quote, and include the Minimum Wage in the “Other Required Posters” section.  See below.

Whistleblower Protection

Correct as is.

Workers Compensation Carrier
Currently, Mandatory has the language which requires an employer to post the Workers Compensation Carrier on its flyer.  However, Mandatory did not provide that poster since it is one that is obtained from an employer’s carrier. 

Therefore, I would suggest that Mandatory print the following on its flyer (below the quoted text for Workers Comp):

“PLEASE NOTE: Notice of an employers Workers Compensation Carrier is required by California Labor Code §3550(a).  However, this Notice must be obtained from your carrier.”

Occupational Safety and Health Protection Law

Correct as is.

Payday Notice

Please revise the sentence to read:

“Every employer shall keep posted conspicuously at the place of work . . . a notice specifying the regular pay days and the time and place of payment . . .”

Unemployment Insurance:

Presently, the flyer for this section has two sentences.  The first sentence as Mandatory has it written is correct as is. Please revise the last sentence to read:

“Each employer shall . . . supply each individual at the time he becomes unemployed with copies of printed statements or materials relating to claims for benefits.”

The list of Also Included’s should read as follows:

	Other Required Posters also included:
	*Minimum Wage
	*Unemployment Insurance, Disability Insurance, Paid Family Leave Benefits
	*Discrimination and Harassment in Employment are Prohibited by Law
	*Pregnancy Disability Leave (Required if you have 5 to 49 employees)
*Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave (Employers and public agencies with 50 or more employees)
	*Emergency Phone Numbers
	*Time Off to Vote 						
	* Notice to Employees – Injuries Caused by Work
	* Access to Medical and Exposure Records