Make Sure You’re in Good Form!

California’s Department of Fair Employment and Housing (“DFEH”) has issued some new state forms for employers to provide to employees in 2021.  Please be sure to update any new-hire or other personnel checklists that you might have.*

• New DFEH Toolkit for California Family Rights Act (“CFRA”) Leave and Pregnancy Disability Leave (“PDL”), including:
  • CFRA Fact Sheet
  • CFRA Required Poster
  • CFRA Healthcare Provider Certification Form
  • PDL Fact Sheet
  • PDL Required Poster
  • PDL Healthcare Provider Certification Form

See our 2020 year-end Client Alert for more information about the CFRA as amended effective January 1, 2021, including the expansion of the leave requirements to all employers with five or more employees.

• Your Rights and Obligations as a Pregnant Employee
• Paid Family Leave Insurance Fact Sheet
• Notice to Employees Regarding EDD Benefits
• Military and Veterans Fact Sheet
• Immigration Rights Fact Sheet
• Workplace Discrimination Poster
• State Minimum Wage  (Employers must also comply with local/city ordinances for minimum wage if they apply)

Compliance with poster requirements has become more complicated as more employees work remotely due to the pandemic. As a result, the federal Department of Labor issued Field Assistance Bulletin 2020-7. The Bulletin discusses when employers may electronically satisfy posting requirements (e.g. via email or an internet or intranet website). The Bulletin advises:

• If all employees work on-site, employers must continue to display the posters in the physical workspace.
• If the employees work on-site and remotely, employers must continue to display the posters in the physical workspace and are encouraged to also post the notices electronically.
• If all employees work remotely, employers can satisfy the posting requirements by delivering the posters electronically if three conditions are met:

1. All of the employer's employees exclusively work remotely.
2. All employees customarily receive information from the employer via electronic means.
3. All employees have readily available access to the electronic posting at all times.

The DOL bulletin further warns: "if the employer has not taken steps to inform employees of where and how to access the notice electronically, WHD will not consider the employer to have complied with the posting requirement."

*This is not intended to be a list of all forms required to be provided to California employees under local, state and federal law.  This is meant to be a helpful summary of forms which we have learned have been updated since Fall of 2020. Forms may continue to be updated by government agencies throughout the year.