February 2006 Employment Law Update

Mandatory Poster and Pamphlet Changes  

            In late 2005, both federal and state government agencies decided to require California employers to change the employment posters that must be displayed at the worksite for employees and applicants.  The agencies now also require California employers to begin handing out a revised version of the workers’ compensation information pamphlet.  

            Specifically, these new requirements include:  

• ·        Replacing the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) poster to reflect changes in the information that must be given to employees and their dependents who become members of the uniformed services or are activated to provide such service.  
• ·        Providing employees injured on the job with the new workers’ compensation pamphlet that contains new benefit rates effective January 1, 2006 .  
• ·        Updating the Employment Development Department’s “Notice to Employees” posting that covers employee rights to Unemployment Insurance, State Disability Insurance and Paid Family Leave.  
• ·        Updating contact information, technical information and the language in the Whistleblower’s Rights poster.  

Therefore, to ensure compliance with these new posting requirements, we recommend replacing all your current workplace posters with updated 2006 versions.  In addition, we recommend distributing only 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.

If you have any questions regarding these changes, or if you need assistance acquiring the new posters and pamphlets, please feel welcome to contact us. 

This Memo was prepared by Stacey L. Fell. For more information, contact:  

Stacey L. Fell		staceylfell@hotmail.com
Michael D. Schley	805-966-2940
Joseph F. Look	805-688-9226
Ian M. Guthrie	805-966-2985
Brett Locker	805-963-4929