Tempted to hang that required notice on the wall? Be careful
When California’s Workplace Know Your Rights notice requirement takes effect on February 1, employers there need to distribute the required information properly.
This stand-alone notice must be given directly to employees. The law says that the notice must be provided in a manner the employer normally uses to communicate employment-related information. This includes:
- Personal service
- Text message
While an employer could hand the notice to the employee, or share it in an email or text message, posting the notice on the wall isn’t an option and will not fulfill the law’s requirements.
Posting and notice requirements are different
While notices and posters both provide employees with information about their workplace rights, they’re distributed in different ways.
Labor law posters are placed on the wall in a conspicuous location. They provide general information relating to minimum wage, discrimination, employee leave, and other laws. They also usually contain contact information for a state or government agency.
Employee notices and handouts must be delivered directly to employees. These workplace notices may need to be given to employees when they are hired, annually, or when they separate from employment. They may also need to be provided when a new notice requirement goes into effect, as is the case in California this February.
Common employee notices
Notices may be required under both federal and state laws. Some states, such as California, require employees to receive notices when they’re hired and throughout their employment. Other states, such as Oklahoma, don’t currently require employers to deliver notices directly to employees. All employers must deliver notices when they are required under federal law, however.
Here are notice requirements an employer may encounter:
- Federal Earned Income Credit notice: If an employee doesn’t receive the Form W-2, an employer can use Notice 797 from the Internal Revenue Service (IRS) to let covered employees know that they may be eligible for the Earned Income Credit. The IRS notes that employers don’t meet notification requirements by posting Notice 797 on an employee bulletin board. The notice needs to be handed to the employee or mailed to the employee’s last known address.
- California Victims Leave Notice: The notice must be provided upon hire, annually, and upon request. It must also be provided when an employee informs an employer that the employee or the employee’s family member is a victim.
- Minnesota Paid Leave: Employers must provide a Paid Leave notice to new hires.
- Missouri Notice to Victims of Domestic and Sexual Violence Leave Time: Employers with 20 or more employees need to deliver this posting to new hires.
- New Jersey Gender Equity Notice: When an employer has 50 or more employees, this notice must be sent to employees each year. It must also be provided when employees are hired and when they request the notice. The state requires the employers to display the Gender Equity poster, but the posting is required in addition to the notice, not instead of it.
Key to remember: When a notice must be given to employees, posting does not fulfill an employer’s obligations. The notice must be handed, emailed, or sent directly to the employee.
