- Who is an Obligee?
- What are the revised California and federal labor law notices?
- How do these changes affect employers?
- What are the consequences of not complying with the new law?
- How can employers ensure they are in compliance?
- What are some best practices for employers?
- What resources are available to employers?
- How can employers get more information?
- What are the next steps for employers?
If you’re an employer in California, you’re probably familiar with the “Who is Obligee?” notice that must be posted in the workplace. But what happens when the law changes?
In this blog post, we’ll take a look at the revised California and federal labor law notices, and what they mean for employers.
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Who is an Obligee?
An “obligee” is a person to whom another person is obliged by contract or operation of law. In the context of labor law, an employer is typically the obligee with respect to its employees. The term “obligee” also includes a surety, guarantor or indemnitor who has assumed responsibility for payment of wages under a bond, agreement or undertaking.
What are the revised California and federal labor law notices?
The revised California and federal labor law notices that employers are required to post have been updated as of January 1, 2020. The California Labor Code and the Fair Labor Standards Act (FLSA) require that employers give their employees certain information about their rights and responsibilities with respect to wages, hours, and working conditions.
The new California notice, titled “Who Is Obligee?,” replaces the previous version entitled “Employment Practices Notification.” It includes updated information on the types of businesses that are subject to the requirements of the FLSA.
The new federal notice, “Equal Employment Opportunity is the Law,” replaces the previous version titled “Notice to Employees – Equal Employment Opportunity is The Law.” The updated notice reflects changes to protections under the Americans with Disabilities Act (ADA), which now cover more individuals with disabilities.
How do these changes affect employers?
The new notice requirements apply to all California employers, regardless of size. The changes affect both the mandatory notices that employers are required to provide to their employees, as well as the optional notices that they may choose to provide.
specifically, the revised notices must now include:
-The name, address, and telephone number of the employer, or the employer’s agent designated to receive service of process;
-The amount of paid sick leave or paid time off available to the employee, expressed as an annual sum;
-For employees hired on or after January 1, 2018, the rate of pay at which the employee will accrue paid sick leave or paid time off; and
-That an employee may not be discharged or discriminated against for using or requesting the use of accrued sick leave or paid time off.
What are the consequences of not complying with the new law?
The new law requires that employers provide certain notices to employees regarding their rights under California and federal law. The penalties for not complying with the new law are significant. Employers who fail to provide the required notices may be subject to civil penalties of up to $5,000 per employee, as well as possible injunctions andclass action lawsuits. In addition, the failure to provide the required notices may be used as evidence of an employer’s willful violation of the law, which could result in additional damages and penalties.
How can employers ensure they are in compliance?
The best way for employers to ensure they are in compliance with California and federal labor law notices is to consult with an experienced employment law attorney. Employers must also be mindful of their obligations under the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA).
What are some best practices for employers?
When it comes to hiring and onboarding new employees, employers must be vigilant in complying with both state and federal law. In California, this includes providing new hires with certain labor law notices at the time of hire. These notices are required by law to ensure that employees are aware of their rights and responsibilities under the law.
The most common labor law notices that employers are required to provide to new hires are the following:
-The Federal Fair Labor Standards Act (FLSA) Minimum WageNotice
-The Family and Medical Leave Act (FMLA) Notice
-The Occupational Safety and Health Administration (OSHA) Notice
-The Consolidated Omnibus Budget Reconciliation Act (COBRA) Notice
Providing these notices to employees is not only a best practice, but it is also required by law. Failure to do so can result in penalties, including fines and jail time.
What resources are available to employers?
-The Department of Labor provides a model notice that can be used to comply with the federal law, which can be found here: https://www.dol.gov/whd/regs/compliance/posters/flsa.htm.
-The State of California provides a model notice that can be used to comply with the state law, which can be found here: http://www.dir.ca.gov/dlse/LC_obligee.htm
How can employers get more information?
The best way for employers to get more information about their obligations under California and federal labor laws is to consult with an experienced employment law attorney. An attorney can help employers understand their rights and responsibilities under the law, and can provide guidance on how to comply with both state and federal requirements.
What are the next steps for employers?
In order for an employer to be in compliance with both the California and federal law, the following steps should be taken:
1) Review your current practices for employee notices.
2) Revise the notices to ensure that they include all of the required information.
3) Train your managers and employees on the revised notices.
4) Display the revised notices in a conspicuous place where employees will see them.
The information contained in this notice is provided for general informational purposes only and does not constitute legal advice. If you have any specific questions about your situation, you should consult with an attorney.