California Poster Myths and the Loch Ness Monster

Okay, this isn't really about the Loch Ness monster. However, our Customer Service staff and Helpline consultants receive so many calls about posters that we are starting to believe there is a "Loch Ness poster monster" - or something out there creating myths that grow and spread about employee poster and notice requirements. Here are eight of our favorite poster myths:

1. All changes are mandatory and the poster must be updated at once. Sometimes one of the agencies does make mid-year changes to reflect new contact information, such as addresses and phone numbers. For example, recently the Department of Fair Employment and Housing (DFEH) made non-mandatory changes to its poster. Even though the changes were not mandatory, some poster companies still used creative advertising to get employers to buy all new posters. However, the Chamber has been in touch with the DFEH and has confirmed that, while the DFEH poster is mandatory, the mid-year changes to the poster are not. The changes will not become mandatory until the DFEH has made a Spanish version of the poster and it is unclear when that will be. Rest assured, the Chamber will notify its members with accurate and up-to-date information.
2. Employers will be fined if the poster they are using is not the most recent version. You will notice on many of the posters, the agency has indicated a version number, or a date of publication in the lower right hand corner. Many times the agency will review the poster, make no changes, but indicate a new date on the poster. However, sometimes the poster is modified to reflect a changed website or phone number. In either case, these changes generally are not mandatory poster changes. See #1.
3. Employers must use the posters and notices printed by the specific agency that issued the notice. This is not always true. The agency responsible for a particular poster requirement may be required by law to provide the language or approve any posters that employers draft. The agency also may be required to enforce the poster requirement, but is not required to provide the mandatory poster. The agency may provide sample language or a sample notice. Two examples are the California Secretary of State's "Time Off to Vote" notice and the "Payday Notice" provided by the Division of Labor Standards Enforcement (DLSE). Employers may use their sample notices, one of their own design, or notices from another source, as long as the notice contains the required information.
4. Employers can be fined $17,000 for not having the correct poster. There are fines associated with failure to have the appropriate notices and posters in the workplace, and some do allow the enforcement agency discretion in the amount of the fine. One example is the potential fine of up to $10,000 for violating the Employee Polygraph Protection Act. It is unlikely, however, that an employer will be fined the maximum amount for a single poster violation. Maximum fines typically would be incurred if the employer continued to violate the law. The largest fine for failure to display one poster is a $7,000 penalty and the text of the Cal-OSHA poster contains the amount of the penalty.
5. You must post a notice about immigration discrimination. There is no such poster. All new hires must complete an I-9 form when they are hired, and the I-9 form contains an anti-discrimination notice to inform employees and employers about the illegality of discrimination on the basis of national origin or citizenship status. The posters from the Equal Employment Opportunity Commission and the Department of Fair Employment and Housing contain the required information about discrimination on the basis of national origin.
6. An Earned Income Credit/IRS Notice 797 must be posted in the workplace. There is no such notice requirement. The Earned Income Credit does not apply to all employees. The IRS Notice 797 is "Possible Federal Tax Refund Due to the Earned Income Credit." You cannot meet the requirement by posting the information. If you have employees who are eligible for the Earned Income Credit, you must provide the information to them directly by handing them the IRS Notice 797 or by sending it by first class mail. Additional information about Earned Income Credit and the Notice 797 may be obtained from the IRS Web site: http://www.irs.gov/individuals/article/0,,id=118888,00.html.
7. All the required posters and notices are available from the agency responsible for enforcing the poster/notice requirement. Some notices and posters are not available from a governmental agency, such as the Laser Warning Placard, Asbestos Warning, Proposition 65 Warnings, and Agricultural Labor notice. The Farm employer must print and post in English and Spanish the required Agricultural Labor notice. The other notices usually are available from safety equipment suppliers.
8. You are required to post everything on the required notices/poster lists that you receive from companies selling posters. Most employers are required to post far fewer posters than the list of posters and notices you may receive from a company selling posters. There are posters unique to a specific industry or business, such as: Access to Employee Medical and Exposure Records Codes of Safe Practice Employee Operating Instructions Laser Warning Placard Right-to-Know Notice Asbestos Warning Proposition 65 Warnings DE 35 Davis-Bacon Act Walsh-Healey Public Contracts Act The majority of businesses do not have to post the specific business/industry posters. You will find additional information about these unique posters in your California Chamber 2006 Labor Law Digest and your 2006 Required Notices Kit. Remember that the majority of changes to posters are published at the end of the year, to reflect new legislation or changes in the law. You will find the latest poster requirements as well as a complete list of Unique Posters and Notices on the HRCalifornia Web site.