Employers adjusting to a remote workforce or who have employees who do not often come into the office still maintain a duty to post notices in the workplace, including under LC 3550/8CCR 9881. This section requires employers to physically post in the workplace information including the name of their compensation insurance carrier, or if they’re self-insured, and who is responsible for claims adjustment and how and where to get medical treatment, among other information related to workers’ compensation. Pursuant to the newly-adopted LC 1207, effective 1/1/22 employers may now ALSO email the information to employees.
This provision allows employers more flexibility in notifying employees of the required information, while not removing the requirement for a physical workplace posting. The section reads as follows (emphasis added):
- Labor Code § 1207. Email distribution of information required to be physically posted by employer.
In any instance in which an employer is required to physically post information, an employer may also distribute that information to employees by email with the document or documents attached. Email distribution pursuant to this section shall not alter the employer’s obligation to physically display the required posting.
It is also important to note that this provision, part of SB 657, adds the option for electronic distribution to the Labor Code, and may not apply to other posting requirements like those of the Fair Employment and Housing Act. Additionally, since SB 657 is a California law, it does not affect any responsibilities for employers regarding posting for federal obligations like minimum wage or FMLA.