Make Sure You’re in Good Form! The Laboring Oar

Greenberg Glusker LLP

Greenberg Glusker LLP

California’s Department of Fair Employment and Housing (“DFEH”) has issued some new state forms for employers to provide to employees in 2021.  Please be sure to update any new-hire or other personnel checklists that you might have.*

See our 2020 year-end Client Alert for more information about the CFRA as amended effective January 1, 2021, including the expansion of the leave requirements to all employers with five or more employees.

Compliance with poster requirements has become more complicated as more employees work remotely due to the pandemic. As a result, the federal Department of Labor issued Field Assistance Bulletin 2020-7. The Bulletin discusses when employers may electronically satisfy posting requirements (e.g. via email or an internet or intranet website). The Bulletin advises:

  • If all employees work on-site, employers must continue to display the posters in the physical workspace.
  • If the employees work on-site and remotely, employers must continue to display the posters in the physical workspace and are encouraged to also post the notices electronically.
  • If all employees work remotely, employers can satisfy the posting requirements by delivering the posters electronically if three conditions are met:
  1. All of the employer's employees exclusively work remotely.
  2. All employees customarily receive information from the employer via electronic means.
  3. All employees have readily available access to the electronic posting at all times.

The DOL bulletin further warns: "if the employer has not taken steps to inform employees of where and how to access the notice electronically, WHD will not consider the employer to have complied with the posting requirement."

*This is not intended to be a list of all forms required to be provided to California employees under local, state and federal law.  This is meant to be a helpful summary of forms which we have learned have been updated since Fall of 2020. Forms may continue to be updated by government agencies throughout the year.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Greenberg Glusker LLP | Attorney Advertising

Written by:

Greenberg Glusker LLP

Greenberg Glusker LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.