California’s Senate Bill 657 (SB 657) is a workplace posting bill which takes effect on January 1, 2022. SB 657 addresses the electronic distribution of state required workplace postings but does not change the employers’ obligations to physically post required notices.
Federal and California state laws require employers to post multiple notices in the workplace to inform employees of their rights under various laws. The COVID-19 pandemic and its restrictions, which prompted a large shift to remote work, has made it unclear if these notices can email to employees and not places physically in the workplace.
SB 657 may allow for the electronic distribution of the notices via email, but it does not change the posting requirements in the workplace – here is why:
- SB 657 does not alter an employer’s requirement to physically display posters in the workplace. For remote workers, the physical posting requirement applies to the employee’s home.
- If an employer opts to send electronic notices to remote workers, the employer needs to direct the remote worker to print and post the notices, and the employer will need to reimburse any expenses incurred by the employee to do so.
- There are other compliance issues to note as well. SB 657 is only limited to California law and doesn’t affect laws related to federal posting requirements. Also, SB 657 may be limited to electronic distribution of Labor Code notices only (e.g., minimum wage notice) and not other posting requirements such as those found in the Fair Employment and Housing Act.
To assist with these requirements, the HR expert and business advocate, CalChamber, provides an All-in-One poster that combines all necessary notices onto one poster.
Source: California Chamber of Commerce