There have been a number of changes to the California state postings since 2020. The 2021 minimum wage increased, and there are mandatory changes to the discrimination notice, pregnancy disability, unemployment insurance, family care and medical leave, and CAL OSHA. These changes apply to both the English and Spanish versions of the notices. This post details the exact changes on each notice.
The 2021 California poster has a total of 6 mandatory changes since the year began. This is the list of notices that have changed:
- California minimum wage posting
- California workplace discrimination and harassment posting
- California pregnancy disability posting
- California family care, medical leave, and pregnancy disability leave (CFRA) posting
- California unemployment insurance, disability insurance, and paid family leave posting
- CAL-OSHA posting
Additionally, the California Industrial Wage Order has been updated to reflect the minimum wage for 2021.
You can purchase the most current California poster on our website here:
California & Federal Combination Standalone Poster (1 time purchase) https://www.allinoneposters.com/California-Federal-Combo-Poster
California Package – Set of two posters: the California/Federal combination poster, and the IWC Wage Poster. https://www.allinoneposters.com/California-Package-Posters
California State Only poster (Standalone) https://www.allinoneposters.com/State-Only-Poster
Poster Compliance Plans for 1, 2, or 3 years of coverage (includes the initial poster and subsequent mandatory poster updates) https://www.allinoneposters.com/Subscription-Plans
California Minimum Wage
Starting January 1, 2021, the minimum wage was increased to $13.00 per hour for small businesses (employers with 25 or less employees) and $14.00 per hour for large businesses (employers with 26 or more employees). This is reflected accordingly on the Industry Wage Order posters (IWC), and must be updated by employers as well.
California Workplace Discrimination and Harassment
The Workplace Discrimination poster was updated in 2019 and then updated in 2021 again to note this:
Require employers of 5 or more persons to allow eligible employees to take up to 12 weeks leave in a 12-month period: to care for their own serious health condition; to care for a child of any age, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition; to bond with a new child (by birth, adoption, or foster placement); or for certain military exigencies.
Previously, it required employers of 20 or more persons to allow employees to take the leave.
California Pregnancy Disability
The Pregnancy Disability law has been updated to add/remove certain parts of the notice. For 2021, the changes are as follows:
Added to the first section, Your Employer* Has An Obligation To: Never discriminate, harass, or retaliate on the basis of pregnancy.
Revised under Pregnancy Disability Leave section: PDL does not need to be taken all at once but can be taken on an as-needed basis as required by your health care provider, including intermittent leave or a reduced work schedule. Under the same section, removed the clause for “Must provide at least 30 days’ advance notice for foreseeable events […]”
For the section “Additional Rights Under California Family Rights Act (CFRA) Leave,” it was revised to remove the New Parent Leave Act (NPLA). The CFRA was revised to extend family leave to care for not just child, parent, or spouse, but also domestic partner, grandparent, grandchild, or sibling. It also notes that employees may be eligible for California’s Paid Family Leave (PFL) program, administered by the Employment Development Department (EDD).
Lastly, the updated notice defined “Employer” at the bottom: “*PDL, CFRA leave, and anti-discrimination protections apply to employers of 5 or more employees; anti-harassment protections apply to employers of 1 or more.”
California Family Care, Medical Leave, and Pregnancy Disability Leave
The first section detailing rights under California law was revised to note “California law also requires employers to provide job-protected leave and accommodations to employees who are disabled by pregnancy, childbirth, or a related medical condition.”
The second paragraph also defines the CFRA act for employers “if we employ five or more employees, you may have a right to a family care or medical leave (CFRA leave).” Previously, it only applied to employers with 20 or more employees.
California Unemployment Insurance, Disability Insurance, and Paid Family Leave
The change for the updated 2021 notice is under the Paid Family Leave section, where it details: Benefits are also available for eligible Californians who need time off work to participate in a qualifying event resulting from a spouse, registered domestic partner, parent, or child’s military deployment to a foreign country.
Previously, it only had benefits available to parents to work with a new child by birth, adoption, or foster care. It extends additional time for employees who also need to participate in a qualifying military event.
The CAL-OSHA posting was updated in October 2020, from the August 2019 revision. The changes are as follows:
In the section for what an employer must do, it notes “You must have a written and effective Injury and Illness Prevention Program (IIPP) meeting the requirements of California Code of Regulations, title 8, section 3203 (www.dir.ca.gov/ title8/3203.html) and provide access to employees and their designated representatives.”
In the section for Employees Have Certain Workplace Safety & Health Rights, third paragraph, the following sentence was added before the part about employees having the right to refuse to perform work that would violate a health or safety hazard: “You and your designated representative have the right to access the employer’s IIPP.”
Additionally, in the list of OSHA District, Regional, and Field/Area offices, the Sacramento address was changed from the Arden Way address to: 1750 Howe Ave., Ste. 430, Sacramento 95825.
California Industrial Welfare Commission Wage Orders
This required poster is a summary of the minimum wage as applicable to your business’s specific industry. It lists exemptions, overtime provisions, minimum wage, meal and lodging credits towards minimum wage, penalties for violations, and posting requirements. Because the minimum wage for 2021 was increased, the IWC posting has been updated to reflect the change for the years 2021 through 2023, and any earlier posters since 2020 and before are now outdated and must be replaced.
You can find the IWC notices and information on the state website here:
We offer a wall poster that combines the full wage order into a 24×39 poster. You can order them here:
To determine which industry applies to you, check the “Contents” tab on that page.