Cal-Peculiarities: How California Employment Law is Different - 2023 Edition

©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 329 notice informing applicants of the provisions of the Ordinance in a conspicuous place at every workplace, job site or other location in the City of Los Angeles under the employer’s control and visited by applicants.35 Los Angeles County has its own posting requirements, including Covid-19-related posting requirements. California employers must comply with not only the posting requirements imposed by the State of California (see above), but also with the posting requirements in each California county and city in which they have employees working. 9.2 Distribution Requirements 9.2.1 Distribution required to all employees California employers must provide all California employees the following information:  an annual notice about pregnancy disability leave, or update the employee handbook, to include all required information,36  a sexual harassment information sheet, available from the DFEH,37 and  an annual notice that they may be eligible for the federal and California Earned Income Tax Credit (EITC), with such notice to be provided within one week of when the company provides any worker with an annual income summary such as a Form W-2 or a Form 1099 (see § 16.6).38  As of January 1, 2022, California employers can distribute required notices and posters under the California Labor Code as an email attachment.39 Email distribution, however, “shall not alter the employer’s obligation to physically display the required posting.”40 This does not apply to posting requirements under the FEHA or FMLA.41 9.2.2 New hire distribution requirements California employers must provide all new California hires the following information:  California Form DE-4 (Employee’s Withholding Allowance Certificate),42  a notice that California tendentiously calls a Wage Theft Notice, containing pay rates and other basic information, including information about the California Paid Sick Leave Law (see §§ 2.14,16.1),43  a pamphlet DE 2515, on State Disability Insurance Provisions, which is available from the Employment Development Department,44  a pamphlet describing workers’ compensation rights, available in both English and Spanish, by the end of the first pay period,45  a form that the employee may use to notify the employer of the employee’s personal physician or personal chiropractor,46  a pamphlet DE 2511, explaining Family Temporary Disability Insurance (see § 2.4) (which also must go to incumbent employees leaving work to attend to a sick relative),47

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