Many employers are unaware that certain governmental agencies require information to be posted for their employees’ information; however, few employers realize the number of items to be posted, or their significance. The governing agencies which require the posting of information vary, but can be broken down into two groups – Federal and State.

. Federal Posting Requirements

1. "Annual Summary of Injuries and Illnesses” (U.S. Department of Labor, OSHA) – Employers with 11 or more employees must post OSHA Form #300A each year, from February 1 to April 30. Form #300 is a log listing each occupational injury which occurred within the previous calendar year. This log must then be maintained by the employer for five years. A copy of this form can be obtained from the federal or state OSHA office. The maximum fine for failure to post this notice is $1,000.
2. "Notice to Employees of Polygraph Protection Act of 1988” (U.S. Department of Labor, Wage/Hour Publication) – All employers must post this poster describing the Employee Polygraph Protection Act of 1988, which limits or prohibits employers from using lie detector tests either for pre-employment screening or during the course of employment. All employers are obligated by the federal government to post this information. The maximum fine for failure to post this notice is up to $10,000 per day.
3. "Federal Minimum Wage" (U.S. Department of Labor, Wage and Hour Division) – All employers must post this poster which lists the federal minimum wage; however, remember that since state minimum wage law may vary from the federal, the highest minimum wage prevails. Even though state minimum wage differs from the federal, this poster is still a posting requirement. There is no stated penalty for not posting this information; however, failing to post could extend the statute of limitations for filing complaints.
4. “Equal Employment Opportunity is the Law” (U.S. Equal Employment Opportunity Commission) – Employers with 15 or more employees must post this notice listing the Federal law regarding the prohibition of discrimination for private employers, State and local governments, educational institutions, employers holding Federal contracts or subcontracts and programs or activities receiving Federal financial assistance. The maximum fine for failure to post this notice is up to $1,000 for each offense, and failure to post could extend the statute of limitations for filing complaints.
5. “Your Rights Under the Family and Medical Leave Act of 1993” (U.S. Department of Labor) – Private sector employers with 50 or more employees, all public sector employers and private sector employers operating a school (even if they have less than 50 employees) must post this notice which lists excerpts from and summaries of pertinent provisions of the Family and Medical Leave Act of 1993. The maximum fine for failure to post this notice is $100 for each offense.
6. “Your Rights Under the Uniformed Services Employment and Reemployment Rights Act” (USERRA) (U.S. Department of Labor) - A ll employers must post a notice informing employees of their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The notice explains an employee’s right to re-employment after uniformed service, freedom from discrimination and retaliation for serving in uniform, and certain health insurance protections.

State of California Posting Requirements

1.  “Industrial Welfare Commission (IWC) Orders Regulating Wages, Hours and Working Conditions” – The State of California has drafted 17 separately numbered IWC orders establishing minimum wages and standards for hours and working conditions for State of California employers in every industry. The applicable order for each employer is determined by the principal business of that employer. The type of business must, therefore, match the industry listed on the poster. The maximum fine for failure to post this notice is $100 or, since this is a criminal misdemeanor, possible imprisonment for not less than 30 days, or both.
2. “State Minimum Wage” (Industrial Welfare Commission) – All employers must post this poster which lists the state of California’s minimum wage. There is no stated penalty for not posting this information; however, violating provisions of this penalty may result in an employee filing a wage claim with the Labor Commissioner’s Office or a lawsuit in court to recover the lost wages.
3. “Emergency Phone Numbers” (Dept. of Industrial Relations, Division of Occupational Safety and Health) – All employers must post this poster which lists the telephone numbers of emergency services in the area. This poster shall be posted near the job telephone, telephone switchboard, or otherwise made available to the employees where no job site telephone exists. There is no stated penalty for not posting this notice.
4. “Pay Day Notice” – All employers must post the day, time and place of the regular pay date. As a convenience, California provides a form for this purpose. However, use of the form is not required, and an employer may post this information in any understandable form. The maximum fine for failure to post this notice is $1,000 or imprisonment for up to six months, or both.
5. “Safety and Health Protection on the Job” – This poster is required for all State of California employers, and provides information regarding compliance with job safety and health requirements, as well as the handling of complaints and other employee rights. This poster may be obtained by writing the Department of Industrial Relations. The maximum fine for failure to post this notice is $1,000 for each violation.
6. “Discrimination or Harassment in Employment is Prohibited by Law” – This poster describes the California Fair Employment and Housing Act and is a posting requirement for all California employers. This poster may be obtained from the nearest district office of the Department of Fair Employment and Housing. The maximum fine for failure to post this notice is $1,000 or imprisonment for up to six months, or both.
7. “Notice of Compensation Carrier” – This poster is a requirement for all employers, and is available through an employer’s workers’ compensation insurance carrier. This poster must state the name of the employer’s current workers’ compensation insurance carrier, or that the employer is self-insured, listing the name of the individual responsible for claims adjustment. The penalty for not posting this notice is a criminal misdemeanor punishable by up to one year in jail, or a fine up to $1,000, or both.
8. “Notice to Employees of Unemployment Insurance, State Disability Insurance and Paid Family Leave” – This poster provides information regarding unemployment, state disability insurance and paid family leave which can be obtained from the local Employment Development Department office. All California employers must post this notice. The penalty for not posting this notice is a criminal misdemeanor punishable by imprisonment not to exceed six months, or a $1,000 fine, or both.
9. “Time Off to Vote Notice” – All California employers are required to post this notice not less than ten days before every statewide election. There is no required form that must be used, but the notice must list Section 14351 of the Elections Code, which sets forth the statutory requirements regarding required time off to vote. There is no stated penalty for not posting this notice.
10. “Family Care and Medical Leave (CFRA) and Pregnancy Disability Leave (PDL)” – All employers must post this notice; however, California Family Rights Act of 1993 requirements only applies to those employers who are covered by FMLA (see the federal list noted above).
11. “Protection for Employee Whistleblowers” (Office of the Attorney General) – It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a state or federal rule or regulation. All employers must post this notice. In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding ten thousand dollars ($10,000) for each violation of this section.
12. “Notice to Employees – Injuries Caused By Work” (State of California – Department of Industrial Relations – Division of Workers’ Compensation) – Advises employees of workers' compensation benefits. Employers must post this notice in a conspicuous place at the work site. This poster provides employees information on the company's workers' compensation coverage and where to get medical care for work injuries. Failure to post this notice is a misdemeanor that can result in a civil penalty of up to $7,000 per violation.

Please contact our office at 661/631-2165 to request any of the above posters for your organization.