With the onset of a new year, employers must be aware of new laws scheduled to take effect in 2011. Most importantly, employers should be aware that their 2010 California and federal notices posters are now outdated, and certain employers may be required to include additional postings.
Specifically, all employers should be aware that there are new
2011 versions of the required federal posters, including but not
limited to, "Federal Minimum Wage," "Equal
Employment Opportunity is the Law," and "Safety and
Health Protection on the Job." Additionally, there are new
2011 versions of California required posters such as
"California Minimum Wage," "Your Rights Under USERRA
(Veterans Benefits)," and "Notice Employee Polygraph
Protection Act" posters, among others. All employers must have
these posters displayed at each work site in an area accessible to
all employees and applicants. Therefore, it is important to make
sure that new 2011 versions are posted immediately. Employers may
be required to display other postings as well. Therefore, it is
advisable to contact legal counsel with any questions.
In addition to these, in 2011, certain employers will also be
required to display additional posters as follows:
Workers' Compensation: The posting and notice requirements were
amended in 2010 to require all employers using Managed Professional
Networks (MPNs) to provide treatment for workers' compensation
claims to give employees information regarding the MPN(s) being
used. Therefore, in addition to the required workers'
compensation poster ("Notice to Employees – Injuries
Caused by Work") that employers must display, they must also
display additional information about the MPN(s). Further, any
pamphlet distributed by the employer regarding workers'
compensation must also include information regarding the
employer's MPN(s).
San Francisco: The San Francisco minimum wage increased as of
January 1, 2011 from $9.79 per hour to $9.92 per hour. Employers
are required to display a poster regarding the minimum wage in each
workplace in English, Spanish, Chinese, and any other language
spoken by at least five percent of the workforce. A notice
regarding the minimum wage containing the employer's name,
address, and telephone number must also be given to every employee
at the time of hire.
In addition to new posters, employers should be aware of new laws
that have recently gone into effect or will go into effect this
year, including the following:
Leaves of Absence for Organ and Bone Marrow Donation: California
employers with 15 or more employees must provide paid leaves to
employees who choose to donate organs or bone marrow. Specifically,
organ donors must be provided a 30-workday leave of absence in any
one-year period and bone marrow donors must be provided a leave of
absence up to five workdays in any one-year period. The statute
states that these donor leaves do not run concurrently with leaves
provided for by the Family Medical Leave Act ("FMLA").
However, federal law overrides state law, so if an employer is
covered by FMLA (i.e., has 50 or more employees) and the
employee is eligible for FMLA leave, then a leave for organ or bone
marrow donation may run concurrently with the FMLA.
American with Disabilities Act: The Justice Department's
Americans with Disabilities Act regulations were revised and
subsequently published in the Federal Register on September 15,
2010. These revised regulations take effect on March 15, 2011 and
include revisions to the ADA Standards for Accessible Design, which
set the minimum requirements for newly designed and constructed or
altered government facilities, places of public accommodations, and
commercial facilities to be readily accessible to and usable by
persons with disabilities. Employers should consult with an
attorney or a Certified Access Specialist to ensure that their
facilities are compliant with these new regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.