©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 331 by limited-English-proficient adults in California, as determined by the most recent American Community Survey by the United States Census Bureau.”60 Currently the required languages are Spanish, Cantonese, Mandarin, Vietnamese, Tagalog, Korean, and Armenian.61 The notices are also required to be posted in Punjabi if that is not one of the top seven languages.62 9.2.4 Distribution requirements upon interruption of employment or benefits Unemployment compensation information. California employers must give written notice of a change in employment status to employees whose continuous employment status is being disrupted because of dismissal, layoff, or leave of absence. The notice must contain (1) the employer’s name, (2) the employee’s name, (3) the last four digits of the employee’s social security number, (4) the type of action (e.g., termination, layoff, leave of absence, or a change in status from employee to independent contractor), and (5) date of the action. Additionally, when a California employer discharges, lays off, or places an employee on a leave of absence, the employer must provide the employee with Pamphlet DE 2320 (called “For Your Benefit”), available from the Employment Development Department.63 Health insurance information. California employers of 20 or more employees must provide, to terminating employees with health insurance, not only the federal COBRA notice but also a standardized written description of the Health Insurance Premium Program (HIPP), which is available from the State Department of Health Services.64 1 For an overview, see www.dir.ca.gov/wpnodb.html (visited Mar. 8, 2023). 2 Lab. Code § 90.2(a)(1) (poster to contain the name of the immigration agency, the date the employer received the notice, the nature of the inspection to the extent known, and a copy of any Notice of Inspection of I-9 Employment Eligibility Verification form). 3 Lab. Code § 6328; see also https://www.dir.ca.gov/wpnodb.html (visited Mar. 15, 2023). 4 8 Cal. Code Regs. § 1512(e); see also https://www.dir.ca.gov/wpnodb.html (visited Mar. 15, 2023). 5 2 Cal. Code Regs. § 11049. 6 2 Cal. Code Regs. §§ 11095, 11096. Former “Notice A” and “Notice B” posters have been eliminated and replaced by the following: (1) “Your Rights and Obligations as a Pregnant Employee” notice (DFEH-E09P) replaces “Notice A” and addresses pregnancy disability leave as well as California Family Rights Act (CFRA); and (2) employers with 50 or more employees must replace “Notice B” with “Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave” notice (DFEH-100-21). 7 Govt. Code § 12950(a)(2). 8 Lab. Code §§ 247(a), (b). The poster must state all of the following: (1) an employee is entitled to accrue, request, and use paid sick days, (2) the amount of sick days provided for by the California Paid Sick Leave Law; (3) the terms of use of paid sick days, (4) that the employer must not retaliate or discriminate against an employee for requesting or using paid sick days, and (5) that an employee has the right under the California Paid Sick Leave Law to file a DLSE complaint against an employer that retaliates or discriminates against the employee. (See § 2.14.) 9 8 Cal. Code Regs. § 9881. 10 Lab. Code § 3550. 11 Civ. Code § 52.6. 12 Gov’t Code §§ 12900 et seq.; see also https://www.dir.ca.gov/wpnodb.html (visited Mar. 15, 2023). 13 Lab. Code § 207. 14 Elections Code § 14001 et seq.; see also https://www.dir.ca.gov/wpnodb.html (visited Mar. 15, 2023). 15 See https://www.dir.ca.gov/wpnodb.html (visited Mar. 15, 2023). 16 See https://www.dir.ca.gov/wpnodb.html (visited Mar. 15, 2023). 17 Lab. Code § 1102.8. 18 Lab. Code § 6404.5(c)(1). 19 See www.dir.ca.gov/IWC/WageOrderIndustries.htm (visitedMar. 10, 2023). 20 California General Industry Safety Order (GISO) 3204.
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