Poster/Posting Requirements

Federal and State Legal Requirements

Federal and state laws require employers to prominently display posters where employees and job applicants can easily read them and, in several scenarios, a digital requirement has become mandatory.

 

Digital posters generally are required for fully remote workforces and are a necessary supplement for hybrid/in-person teams, ensuring all employees (remote, hybrid, in-office) receive mandatory notices, with specific rules for accessibility and delivery, but physical posting is still required for physical workplaces unless all employees are remote.

 

Digital notices must be as effective as hard copies, available continuously, and not just a single email. Employees must be clearly informed where and how to access these digital notices. Federal guidelines, which California often aligns with, permit digital-only if all employees are fully remote and have reliable electronic access, while physical posters remain mandatory for locations with in-person staff. 

Key Rules for Digital Postings in California:

  • For Remote/Hybrid Workers: You must provide electronic access to required federal and California state posters (like FLSA, FMLA, OSHA, anti-discrimination, minimum wage, etc.) for employees who don’t regularly visit a physical worksite (typically defined as less than 3-4 times a month).
  • Supplement, Not Substitute (Generally): If you have any employees working on-site, you must still display physical posters at the workplace; electronic postings are an addition, not a replacement.
  • Fully Remote Workforce Exception: A digital-only approach might work if all your employees are fully remote and habitually receive company info electronically, but you need a system to ensure access and track acknowledgments.
  • Proof of Compliance: You need a system to show employees received and accessed these notices, such as requiring email confirmations or digital acknowledgments, to prove you met your obligations. 

Action Steps:

  1. Identify Your Workforce: Determine who is fully remote, hybrid, or fully on-site.
  2. Provide Physical (if needed): Post all required notices at your physical California office(s).
  3. Provide Digital (for all remote/hybrid): Use your company intranet, email, or a dedicated platform to distribute digital versions of federal and California labor law posters to your remote workforce.
  4. Track & Document: Get acknowledgments from remote employees for digital distribution. 

Posters must be provided in other languages if more than 10% of the workforce speaks that language.

The U.S. DEPARTMENT OF LABOR mandate: 

 

All employers post: 

State Plan Version of Job Safety and Health Poster

Alaska (English)

Arizona (English | Español)

California (English | Español) (Required for the State of California Department of Industrial Relations)

Connecticut (English)

Hawaii (English)

Illinois (English)

Indiana (English | Español)

Iowa (English)

Kentucky (English)

Maine (English | Español)

Maryland (Private sector: English | Español) (Public sector: English)

Massachusetts (English)

Michigan (English)

Minnesota (English | Español)

Nevada (English)

New Jersey (English)

New Mexico [Call (505) 476-8700 to request a hard copy].

New York (English)

North Carolina (English | Español)

Oregon (English | Español)

Puerto Rico (Español)

South Carolina (English)

Tennessee (English)

Utah (English | Español)

Vermont (English)

Virginia (English | Español)

Virgin Islands (English)

Washington (English | Español)

Wyoming (English)

 

  • Your Rights Under USERRA: Employers are required to provide to persons entitled to the rights and benefits under USERRA, a notice of the rights, benefits and obligations of such persons and such employers under USERRA.  Employers may provide the notice, “Your Rights Under USERRA,” by posting it where employee notices are customarily placed.  However, employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).

15 or more employees, Congress and Federal agencies, and to employment agencies and labor organizations

  • Know Your Rights: Workplace Discrimination is Illegal: California employers’ version is the “California Law Prohibits Workplace Discrimination and Harassment” and is required to be posted by all employers. It does not replace federal, state, or local laws that are more protective of workers (used here to mean job applicants and employees) affected by pregnancy, childbirth, or related medical conditions. More than 30 statesand cities have laws that require employers to provide accommodations for pregnant workers.

50 or more employees and all public agencies post:

Special circumstances post:

  • Farm Labor Contractors: Human Trafficking: Farm Labor Contractors post a public notice using specific language regarding Human Trafficking at their workplaces in a conspicuous place which is visible to the public and workers. The California Department of Justice provides specific notices per county.
  • Construction Projects Subsidized or Funded from Public Funds: Davis-Bacon Employee Rights poster (WH-1321): Construction projects funded in whole or in part by federal grants, loans, or other assistanceare subject to the Davis-Bacon and Related Acts (DBRA) and require the posting of the WH-1321 poster, provided the contract exceeds the $2,000 threshold.
  • Service Contracts Act and Public Contracts Act: Employee Rights on Government contracts: The requirement applies to federal contractors whose contracts involve producing supplies or equipment over $10,000 or providing services over $2,500, with penalties for non-compliance. It must be displayed continuously throughout the entire performance period of a covered government contract.

The DOL offers an interactive tool to assist with determination of the posters a business will need.

The State of California Department of Industrial Relations (DIR) mandates: 

 

All employers post: 

Completing the form includes:

  • The “Ambulance”, “Fire-Rescue”, and “Police” phone number for most urban and suburban areas will be 911.
  • After “Hospital”, enter the name, full address, and emergency room phone number of the nearest medical facility equipped to handle trauma.
  • After “Physician”, enter  the name and phone number of the company’s designated Occupational Health Physician or a local clinic where workers’ compensation cases are sent.
  • After “Alternate”,  Enter an alternative contact, such as a Secondary Occupational Clinic or an internal Emergency Coordinator who is authorized to make medical decisions for the company.
  • And for “CAL/OSHA”, enter the phone number for the Cal/OSHA District Office that has jurisdiction over specific workplace location.
        • General Hotline: 1-833-579-0927 (live representative).
        • Regional Numbers:
        • Region 1 (S.F./North Coast): (415) 557-5000.
        • Region 2 (Sacramento/Central Valley): (916) 263-2808.
        • Region 3 (Santa Ana/Southern CA): (714) 558-4451.
        • Region 4 (Los Angeles/Ventura): (626) 471-9122.
  • Notice of workers’ compensation carrier and coverage: This notice must state the name of the employer’s current workers’ compensation insurance carrier, or the fact that the employer is self-insured.
  • Whistleblower protections: Lettering must be larger than size 14 type. This notice is available in Spanish
  • No smoking signage: Signage must be posted designating where smoking is prohibited/permitted in a place of employment. 

11 or more employees in previous year post:

  • Log and summary of occupational injuries and illnesses: Employers with 11 or more employees in the previous year. Record injuries on Form 300, record details on  form 301, and annual summary on form 300A.

Special circumstances post:

The State of California Civil Rights Department (CRD) mandates: 

 

All employers post:

5 to 49 employees post:

50 or more employees and all public agencies post:

The State of California Employment Development Department mandates

 

All employers post:

The California Secretary of State mandates:

 

All employer 10 days before statewide election:

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