New Law Still Requires Physical Workplace Posting

Several questions have come up regarding Senate Bill 657 (SB 657), a workplace posting bill which takes effect on January 1, 2022. SB 657 addresses electronic distribution of state required workplace postings; however, the new law is limited in scope and, importantly, doesn’t change employers’ obligations to physically post required notices.

As you know, federal and California laws require employers to post more than a dozen notices in the workplace informing employees of their rights under various laws. These notices are required to be physically posted in conspicuous places in the workplace, such as break rooms or other common areas, where employees can easily read them.

The COVID-19 pandemic, with its lockdowns and restrictions, prompted a huge shift to remote work. With more employees than ever working from home, employers have wondered if we can just email them the required notices and be done with it. The answer to that question, unfortunately, is no. Although SB 657 may allow for the electronic distribution of notices via email, it doesn’t change the posting requirements – here’s why:

-SB 657 does not alter an employer’s requirement to physically display posters in the workplace. For remote workers the physical posting requirement applies to the employee’s home.

-If an employer opts to send electronic notices to remote workers the employer needs to direct the remote worker to print and post the notices, and the employer will need to reimburse for any expenses incurred by the employee to do so.

-There are other compliance issues to note as well. SB 657 is only limited to California law and doesn’t affect laws related to federal posting requirements. Also, SB 657 may be limited to electronic distribution of Labor Code notices only (e.g., minimum wage notice) and not other posting requirements such as those found in the Fair Employment and Housing Act.

This information was provided by the California Chamber of Commerce (CalChamber).

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