compliance assistance Federal and State Labor Law Poster Compiled by

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1 compliance assistance LABOR LAW POSTERS

2 Equal Employment Opportunity is THE LAW Employers Holding Federal Contracts or Subcontracts Applicants to and employees of companies with a Federal government contract or subcontract are protected under the following Federal authorities: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, pr rom discrimination on the basis of disability in hiring, promotion, discharge, pay, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an other rring undue hardship. Section 503 also requir r the executive level. DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS The Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires af rmative action to employ and advance in employment disabled veterans, recently separated veterans (within three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded). RETALIATION Retaliation is pr rticipates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately rograms (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C , (toll-free) or (202) (TTY). OFCCP may also be contacted by at OFCCP-Public@dol.gov, or by calling an OFCCP regional or district rectories under U.S. Government, Department of Labor. Private Employment, State and Local Governments, Educational Institutions,Employment Agencies and Labor Organizations Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under the following Federal laws: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy and sexual harassment) or national origin. Religious discrimination includes failing to reasonably accommodate an employee s religious practices where the accommodation does not impose undue hardship. DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990, as amended, pr rom discrimination on the basis of disability in hiring, promotion, discharge, pay referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an other rring undue hardship. The law also requires that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations, unless such accommodations would impose an undue hardship on the employer. GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay referral, and other aspects of employment. GINA also restricts employers acquisition of genetic information a nd strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members. AGE The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, terms, conditions or privileges of employment. SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort and responsibility under similar working conditions, in the same establishment. RETALIATION Retaliation is prohibited against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes discrimination under these Federal laws. If you believe that you have been discriminated against under any of the above laws, and to ensure that you meet strict procedural timelines to preserve the ability of EEOC to investigate your complaint and to protect your right to file a private lawsuit, you should immediately contact: The U.S. Equal Employment Opportunity Commission (EEOC), (toll-free) or (toll-free TTY number for individuals with hearing impair rmation is available at or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about char w.eeoc.gov. Programs or Activities Receiving Federal Financial Assistance RACE, COLOR, SEX, NATIONAL ORIGIN In addition to the protection of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal assistance. INDIVIDUALS WITH DISABILITIES Section, 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance in the federal government, public or private agency. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of a job. If you believe you have been discriminated against in a program of any institution which receives Federal assistance, you should contact immediately the Federal agency providing such assistance.

3 REEMPLOYMENT RIGHTS YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. HEALTH INSURANCE PROTECTION You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and: you ensure that your employer receives advance written or verbal notice of your service; you have five years or less of cumulative service in the uniformed services while with that particular employer; you return to work or apply for reemployment in a timely manner after conclusion of service; and you have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job. RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION If you: are a past or present member of the uniformed service; have applied for membership in the uniformed service; or are obligated to serve in the uniformed service; then an employer may not deny you: initial employment; reemployment; retention in employment; promotion; or any benefit of employment because of this status. If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military. Even if you don't elect to continue coverage during your military service, you have the right to be reinstated in your employer's health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries. ENFORCEMENT The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at USA-DOL or visit its website at An interactive online USERRA Advisor can be viewed at If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, for representation. You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees. U.S. Department of Labor U.S. Department of Justice Office of Special Counsel

4 You Have a Right to a Safe and Healthful Workplace. IT'S THE LAW! You have the right to notify your employer or OSHA about workplace hazards. You may ask OSHA to keep you name confidential. You have the right to request an OSHA inspection if you believe that there are unsafe and unhealthful conditions in your workplace. You or your representative may participate in the inspection. You can file a complaint with OSHA within 30 days of discrimination by your employer for making safety and health complaints of for exercising your rights under the OSH Act. You have a right to see OSHA citations issued to your employer. Your employer must post the citations at or near the place of the alleged violation. Your employer must correct workplace hazards by the date indicated on the citation and must certify that these hazards have been reduced or eliminated. You have the right to copies of your medical records or records of you exposure to toxic and harmful substances or conditions. Your employer must post this notice in your workplace. The Occupational Safety and Health Act of 1970 (OSH Act), P.L assures safe and healthful working conditions for working men and women throughout the Nation. The Occupational Safety and Health Administration, in the U.S. Department of Labor, has the primary responsibility for administering the OSH Act. The rights listed here may vary depending on the particular circumstances. To file a complaint, report an emergency, or seek OSHA advice, assistance, or products, visit our website at or call OSHA or your nearest OSHA office: Atlanta (404) Boston (617) Chicago (312) Dallas (214) Denver (303) Kansas City (816) New York (212) Philadelphia (215) San Francisco (415) Seattle (206) Teletypewritter (TTY) If you work in a state operating under an OSHA approved plan, your employer must post the required state equivalent of this poster OSHA OSHA-Occupational Safety and Health Administration Military Family Leave On January 28, President Bush signed into law the National Defense Authorization Act for FY 2008 (NDAA), Public Law Section 585(a) of the NDAA amended the FMLA to provide eligible employees working for covered employers two important new leave rights related to military service: (1) New Qualifying Reason for Leave. Eligible employees are entitled to up to 12 weeks of leave because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee. is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining any qualifying exigency. In the interim, employers are encouraged to provide this type of leave to qualifying employees. (2) New Leave Entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the servicemember. This provision became effective immediately upon enactment. This military caregiver leave is available during a single 12-month period during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave. Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated are available on the FMLA amendments Web site at

5 Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees for the following reasons: For incapacity due to pregnancy, prenatal medical care or child birth; To care for the employee s child after birth, or placement for adoption or foster care; To care for the employee s spouse, son or daughter, or parent, who has a serious health condition; or For a serious health condition that makes the employee unable to perform the employee s job. Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. Benefits and Protections During FMLA leave, the employer must maintain the employee s health coverage under any group health plan on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee s leave. Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles. Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Use of Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Substitution of Paid Leave for Unpaid Leave Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer s normal paid leave policies. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer s normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee s leave entitlement. If the employer determines that the leave is not FMLAprotected, the employer must notify the employee. Unlawful Acts by Employers FMLA makes it unlawful for any employer to: Interfere with, restrain, or deny the exercise of any right provided under FMLA; Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R (a) may require additional disclosures. For additional information: US-WAGE ( ) TTY: U.S. Department of Labor Employment Standards Administration Wage and Hour Division

6 The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act. EXEMPTIONS* EMPLOYEE POLYGRAPH PROTECTION ACT Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national securityrelated activities. The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers. The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer. EXAMINEE RIGHTS Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons. ENFORCEMENT The Secretary of Labor may bring court actions to restrain violations and assess civil penalties up to $10,000 against violators. Employees or job applicants may also bring their own court actions. ADDITIONAL INFORMATION Additional information may be obtained, and complaints of violations may be filed, at local offices of the Wage and Hour Division. To locate your nearest Wage-Hour office, telephone our toll-free information and help line at USWAGE ( ). A customer service representative is available to assist you with referral information from 8am to 5 pm in your time zone; or if you have access to the internet, you may log onto our Home page at THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. *The law does not preempt any provision of any State or local law or an y collective bargaining agreement which is more restrictive with respect to lie detector tests. U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION Wage and Hour Division Washington, D.C

7 EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION FEDERAL MINIMUM WAGE OVERTIME PAY $7.25PER HOUR BEGINNING JULY 24, 2009 At least 1/ 2 times your regular rate of pay for all hours worked over 40 in a workweek. CHILD LABOR TIP CREDIT ENFORCEMENT ADDITIONAL INFORMATION An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs under the following conditions: No more than 3 hours on a school day or 18 hours in a school week; 8 hours on a non-school day or 40 hours in a non-school week. Also, work may not begin before 7 a.m. or end after 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. Different rules apply in agricultural employment. Employers of tipped employees must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee's tips combined with the employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference. Certain other conditions must also be met. The Department of Labor may recover back wages either administratively or through court action, for the employees that have been underpaid in violation of the law. Violations may result in civil or criminal action. Employers may be assessed civil money penalties of up to $1,100 for each willful or repeated violation of the minimum wage or overtime pay provisions of the law and up to $11,000 for each employee who is the subject of a violation of the Act s child labor provisions. In addition, a civil money penalty of up to $50,000 may be assessed for each child labor violation that causes the death or serious injury of any minor employee, and such assessments may be doubled, up to $100,000, when the violations are deter mined to be willful or repeated. The law also prohibits discriminating against or discharging workers who file a complaint or participate in any proceeding under the Act. Certain occupations and establishments are exempt from the minimum wage and/or overtime pay provisions. Special provisions apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands. Some state laws provide greater employee protections; employers must comply with both. The law requires employers to display this poster where employees can readily see it. Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar days of employment with an employer. Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor. For additional information: USWAGE ( ) TTY:

8 EMPLOYEES: * You have the right to notify your employer or OSHA about workplace hazards. You may ask OSHA to keep your name confidential. * You have the right to request an OSHA inspection if you believe that there are unsafe and unhealthful conditions in your workplace. You or your representative may participate in that inspection. * You can file a complaint with OSHA within 30 days of retaliation or discrimination by your employer for making safety and health complaints or for exercising your rights under the OSH Act. * You have a right to see OSHA citations issued to your employer. Your employer must post the citations at or near the place of the alleged violation. * Your employer must correct workplace hazards by the date indicated on the citation and must certify that these hazards have been reduced or eliminated. * You have the right to copies of your medical records or records of your exposure to toxic and harmful substances or conditions. * Your employer must post this notice in your workplace. * You must comply with all occupational safety and health standards issued under the OSH Act that apply to your own actions and conduct on the job. EMPLOYERS: OSHA Occupational Safety and Health Administration U.S. Department of Labor Job Safety and Health IT'S THE LAW! * You must furnish your employees a place of employment free from recognized hazards. * You must comply with the occupational safety and health standards issued under the OSH Act.

9 PAYDAY NOTICE REGULAR PAYDAYS FOR EMPLOYERS OF (FIRM NAME) SHALL BE AS FOLLOWS BY TITLE PLEASE POST

10 YOU MAY NEED TO CHECK YOUR WITHHOLDING Since you last filed Form W-4 with your employer did you... -Marry or Divorce? -Gain or lose a dependent? -Change your name? Were there major changes to... -Your nonwage income (interest, dividends, capital gains, etc)? -Your family wage income (you or your spouse started or ended a job)? -Your itemized deductions? -Your tax credits? If you answered YES... To any of these questions or you owed extra tax when you filed your last return, you may need to file a new Form W-4. See your employer for a copy of Form W-4 or call the IRS at Now is the time to check your withholding. For more details, get publication 919, How Do I Adjust My Tax Withholding?, or use the Withholding Calculator at on the IRS website.

11 DEPARTMENT OF FAIR EMPLOYMENT & HOUSING "NOTICE B" FAMILY CARE AND MEDICAL LEAVE (CFRA LEAVE) AND PREGNANCY DISABILITY LEAVE Under the California Family Rights Act of 1993 (CFRA), if you have more than 12 months of service with us and have worked at least 1,250 hours in the 12-month period before the date you want to begin your leave, you may have a right to an unpaid family care or medical leave (CFRA leave). This leave may be up to 12 workweeks in a 12-month period for the birth, adoption, or foster care placement of your child or for your own serious health condition or that of your child, parent or spouse. Even if you are not eligible for CFRA leave, if disabled by pregnancy, childbirth or related medical conditions, you are entitled to take a pregnancy disability leave of up to four months, depending on your period(s) of actual disability. If you are CFRAeligible, you have certain rights to take BOTH a pregnancy disability leave and a CFRA leave for reason of the birth of your child. Both leaves contain a guarantee of reinstatement to the same or to a comparableposition at the end of the leave, subject to any defense allowed under the law. If possible, you must provide at least 30 days advance notice for foreseeable events (such as the expected birth of a child or a planned medical treatment for yourself or of a family member). For events which are unforeseeable, we need you to notify us, at least verbally, as soon as you learn of the need for the leave. Failure to comply with these notice rules is grounds for, and may result in, deferral of the requested leave until you comply with this notice policy. We may require certification from your health care provider before allowing you a leave for pregnancy or your own serious health condition or certification from the health care provider of your child, parent, or spouse who has a serious health condition before allowing you a leave to take care of that family member. When medically necessary, leave may be taken on an intermittent or a reduced work schedule. If you are taking a leave for the birth, adoption or foster care placement of a child, the basic minimum duration of the leave is two weeks and you must conclude the leave within one year of the birth or placement for adoption or foster care. Taking a family care or pregnancy disability leave may impact certain of your benefits and your seniority date. If you want more information regarding your eligibility for a leave and/or the impact of the leave on your seniority and benefits, please contact [ ] 2218 Kausen Drive, Ste. 100, Elk Grove, CA (916) TTY (800) Fax (916)

12 2218 Kausen Drive, Suite 100 Elk Grove, CA DEPARTMENT OF FAIR EMPLOYMENT & HOUSING "NOTICE A" PREGNANCY DISABILITY LEAVE Under the California Fair Employment and Housing Act (FEHA), if you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave (PDL). If you are affected by pregnancy or a related medical condition, you are also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable. You are also eligible to receive reasonable accommodation for conditions related to pregnancy, childbirth, or related medical conditions if you request it with the advice of your health care provider. The PDL is for any period(s) of actual disability caused by your pregnancy, childbirth or related medical conditions up to four months (or 88 work days for a full-time employee) per pregnancy. The PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis. Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth would all be covered by your PDL. Generally, we are required to treat your pregnancy disability the same as we treat other disabilities of similarly situated employees. This affects whether your leave will be paid or unpaid. You may be required to obtain a certification from your health care provider of your pregnancy disability or the medical advisability for a transfer or reasonable accommodation. The certification should include: 1) the date on which you become disabled due to pregnancy or the date of the medical advisability for the transfer or reasonable accommodation; 2) the probable duration of the period(s) of disability or the period(s) for the advisability of the transfer or reasonable accommodation; and, 3) a statement that, due to the disability, you are unable to work at all or to perform any one or more of the essential functions of your position without undue risk to yourself, the successful completion of your pregnancy or to other persons or a statement that, due to your pregnancy, the transfer or reasonable accommodation is medically advisable. At your option, you can use any accrued vacation or other accrued time off as part of your pregnancy disability leave before taking the remainder of your leave as an unpaid leave. We may require that you use up any available sick leave during your leave. You may also be eligible for state disability insurance for the unpaid portion of your leave. Taking a pregnancy disability leave may impact certain of your benefits and your seniority date. If you want more information regarding your eligibility for a leave, the impact of the leave on your seniority and benefits, and our policy for other disabilities, please contact Employer s Contact Person at Employer's Telephone Number

13 SAFETY AND HEALTH PROTECTION ON THE JOB State of California Department of Industrial Relations California law provides job safety and health protection for workers under the Cal/OSHA program. This poster explains the basic requirements and procedures for compliance with the state s job safety and health laws and regulations. The law requires that this poster be displayed. (Failure to do so could result in a penalty of up to $7,000.) WHAT AN EMPLOYER MUST DO: All employers must provide work and workplaces that are safe and healthful. In other words, as an employer, you must follow state laws governing job safety and health. Failure to do so can result in a threat to the life or health of workers, and substantial monetary penalties. You must display this poster so everyone on the job can be aware of basic rights and responsibilities. You must have a written and effective injury and illness prevention program for your employees to follow. You must be aware of hazards your employees face on the job and keep records showing that each employee has been trained in the hazards unique to each job assignment. You must correct any hazardous condition that you know may result in serious injury to employees. Failure to do so could result in criminal charges, monetary penalties, and even incarceration. You must notify the nearest Cal/OSHA of any serious injury or fatality occurring on the job. Be sure to do this immediately after calling for emergency help to assist the injured employee. Failure to report a serious injury or fatality within 8 hours can result in a minimum civil penalty of $5,000. WHAT AN EMPLOYER MUST NEVER DO: Never permit an employee to do work that violates Cal/OSHA law. Never permit an employee to be exposed to harmful substances without providing adequate protection. Never allow an untrained employee to perform hazardous work. EMPLOYEES HAVE CERTAIN RIGHTS IN WORKPLACE SAFETY & HEALTH: As an employee, you (or someone acting for you) have the right to a complaint and request an inspection of your workplace if conditions there are unsafe or unhealthful. This is done by contacting the local district of the Division of Occupational Safety and Health (see list of Your name is not revealed by Cal/OSHA, unless you request otherwise. You also have the right to bring unsafe or unhealthful conditions to the attention of the Cal/OSHA investigator making an inspection of your workplace. Upon request, Cal/OSHA will withhold the names of employees who submit or make statements during an inspection or investigation. Any employee has the right to refuse to perform work that would violate a Cal/ OSHA or any occupational safety or health standard or order where such violation would create a real and apparent hazard to the employee or other employees. You may not be or punished in any way for a complaint about unsafe or unhealthful working conditions, or using any other right given to you by Cal/OSHA law. If you feel that you have been or punished for exercising your rights, you may a complaint about this type of discrimination by contacting the nearest of the Department of Industrial Relations, Division of Labor Standards Enforcement (State Labor Commissioner) or the San Francisco of the U.S. Department of Labor, Occupational Safety and Health Administration. (Employees of state or local government agencies may only these complaints with the State Labor Commissioner.). EMPLOYEES ALSO HAVE RESPONSIBILITIES: To keep the workplace and your coworkers safe, you should tell your employer about any hazard that could result in an injury or illness to people on the job. While working, you must always obey state job safety and health laws. HELP IS AVAILABLE: To learn more about job safety rules, you may contact the Cal/OSHA Consultation Service for free information, required forms and publications. You can also contact a local district of the Division of Occupational Safety and Health. If you prefer, you may retain a competent private consultant, or ask your workers compensation insurance carrier for guidance in obtaining information. Concord Foster City Fremont/San Jose Fresno Los Angeles Modesto Oakland Monrovia/Pico Rivera Sacramento San Bernardino San Diego San Francisco Santa Ana Santa Rosa Torrance Van Nuys Ventura West Covina Sacramento Santa Rosa Santa Ana West Covina OFFICES OF THE DIVISION OF OCCUPATIONAL SAFETY AND HEALTH HEADQUARTERS: 1515 Clay Street, Ste. 1901, Oakland, CA Telephone (510) Cal/OSHA Consultation Service 1465 Enea Circle Bldg. E, Suite 900, Concord Headquarters: 2000 E. McFadden Ave. #214, Santa Ana, CA (714) East Hillsdale Blvd. Suite 110, Foster City Civic Center Dr. Suite 310, Fremont Valley 1901 North Gateway Blvd. (559) Mariposa St. Room 4000, Fresno Suite 102, Fresno West Fourth St. Room 850, Los Angeles Technology Dr Suite 3, Modesto Area 1515 Clay St. Suite 1103 (510) Clay St. Suite 1301, Oakland Oakland Royal Oaks Dr. Suite 104, Monrovia Arden Way Suite 165, Sacramento West Fourth St. Suite 332, San Bernardino Metropolitan Dr. Suite 207, San Diego Spear Street, Ste. 430, San Francisco E. McFadden Ave, Ste. 122, Santa Ana Farmers Lane Suite 300, Santa Rosa Knox St. Suite 100, Torrance Van Nuys Blvd. Suite 405, Van Nuys Mesa Verde Ave. Room 150, Ventura West Garvey Ave. S. Suite 200, West Covina Arden Way Suite 125, Sacramento Farmers Lane Suite E, Santa Rosa E. McFadden Ave, Ste 119, Santa Ana West Garvey Ave. S. Suite 200, West Covina (925) (650) (510) (559) (213) (209) (510) (626) (916) (909) (619) (415) (714) (707) (310) (818) (805) (626) (916) (707) (714) (626) SPECIAL RULES APPLY IN WORK AROUND HAZARDOUS SUBSTANCES: Employers who use any substance listed as a hazardous substance in Section 339 of Title 8 of the California Code of Regulations, or subject to the Federal Hazard Communications Standard (29 CFR ), must provide employees with information on the contents on Material Safety Data Sheets (MSDS), or equivalent information about the substance that trains employees to use the substance safely. Employers shall make available on a timely and reasonable basis a Material Safety Data Sheet on each hazardous substance in the workplace upon request of an employee, an employee collective bargaining representative, or an employee s physician. Employees have the right to see and copy their medical records and records of exposure to potentially toxic materials or harmful physical agents. Employers must allow access by employees or their representatives to accurate records of employee exposures to potentially toxic materials or harmful physical agents, and notify employees of any exposures in concentration or levels exceeding the exposure limits allowed by Cal/OSHA standards. Any employee has the right to observe monitoring or measuring of employee exposure to hazards conducted pursuant to Cal/OSHA regulations. WHEN CAL/OSHA COMES TO THE WORKPLACE: A trained Cal/OSHA safety engineer or industrial hygienist may periodically visit the workplace to make sure your company is obeying job safety and health laws. An inspection will also be conducted when a legitimate complaint is led by an employee with the Division of Occupational Safety and Health. Cal/OSHA also goes to the workplace to investigate a serious injury or fatality. When an inspection begins, the Cal/OSHA investigator will show o ial identi cation from the Division of Occupational Safety and Health. The employer, or someone the employer chooses, will be given an opportunity to accompany the investigator during the inspection. A representative of the employees will be given the same opportunity. Where there is no authorized employee representative, the investigator will talk to a reasonable number of employees about safety and health conditions at the workplace. VIOLATIONS, CITATIONS & PENALTIES: If the investigation shows that the employer has violated a safety and health standard or order, then the Division of Occupational Safety and Health issues a citation. Each citation a date by which the violation must be abated. A notice, which carries no monetary penalty, may be issued in lieu of a citation for certain non-serious violations. Citations carry penalties of up to $7,000 for each regulatory or general violation and up to $25,000 for each serious violation. Additional penalties of up to $7,000 per day for regulatory or general violations and up to $15,000 per day for serious violations may be proposed for each failure to correct a violation by the abatement date shown on the citation. A penalty of not less than $5,000 nor more than $70,000 may be assessed an employer who willfully violates any occupational safety and health standard or order. The maximum civil penalty that can be assessed for each repeat violation is $70,000. A willful violation that causes death or permanent impairment of the body of any employee results, upon conviction, in a of not more than $250,000, or imprisonment up to three years, or both and if the employer is a The law provides that employers may appeal citations within 15 working days of receipt to the Occupational Safety and Health Appeals Board. An employer who receives a citation, Order to Take Special Action, or Special Order must post it prominently at or near the place of the violation for three working days, or until the unsafe condition is corrected, whichever is longer, to warn employees of danger that may exist there. Any employee may protest the time allowed for correction of the violation to the Division of Occupational Safety and Health or the Occupational Safety and Health Appeals Board. Call the FREE Worker Information Hotline Valley Angeles/Orange County Arden Way Suite 410 Sacramento West Fourth St. Suite 339 San Bernardino Metropolitan Dr. Suite 204 San Diego Van Nuys Blvd. Suite 307 Van Nuys Heritage Park Dr. Suite 201 Santa Fe Springs (916) (909) (619) (818) (562) Sacramento 2424 Arden Way Suite 485, Sacramento (916) Enforcement of Cal/OSHA job safety and health standards is carried out by the Division of Occupational Safety and Health, under the California Department of Industrial Relations, which has primary responsibility for administering the Cal/OSHA program. Safety and health standards are promulgated by the Occupational Safety and Health Standards Board. Anyone desiring to register a complaint alleging inadequacy in the administration of the California Occupational Safety and Health Plan may do so by contacting the San Francisco Regional of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor (Tel: ). OSHA monitors the operation of state plans to assure that continued approval is merited.

14 EMERGENCY AMBULANCE: FIRE RESCUE: HOSPITAL: PHYSICIAN: ALTERNATE: POLICE: CAL/OSHA:

15 NO SMOKING (a) No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment. (b) For purposes of this section, an employer who permits any nonemployee access to his or her place of employment on a regular basis has not acted knowingly or intentionally if he or she has taken the following reasonable steps to prevent smoking by a nonemployee: (1) Posted clear and prominent signs, as follows: (A) Where smoking is prohibited throughout the building or structure, a sign stating No smoking shall be posted at each entrance to the building structure. (B) Where smoking is premitted in designed areas of the building or structure, a sign stating Smoking is prohibited except in designated areas shalle be posted at each entrance to the building or structure. (2) Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workspace. For purposes of this subsection, reasonable steps does not include (A) the physical ejection of a nonemployee from the place of employment or (B) any requirment for making a request to a nonemployee to refrain from smoking, under circumstances involving a risk of physical harm to the employer of employee.

16 TIME OFF TO VOTE If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time which when added to the voting time available outside of working hours will enable the voter to vote. no more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows for the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed. Ff the employee on the third working day prior to the day of election, knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the employer at least two working days notice that time off for voting is desired, in accordance with the provisions of this section.

17 Amends General Minimum Wage Order and IWC Industry and Occupation Orders Please Post Next to Your IWC Industry or Occupation Order California Minimum Wage Minimum Wage - Every employer shall pay to each employee wages not less than the following: $8.00 per hour beginning January 1, 2008 To employers and representatives of persons working in industries and occupations in the State of California: SUMMARY OF ACTIONS TAKE NOTICE that on September 12, 2006, the California Legislature enacted legislation signed by the Governor of California, raising the minimum wage for all industries. (AB 1835, Ch. 230, Stats of 2006, adding sections and to the California Labor Code.) Pursuant to its authority under Labor Code section , the Department of Industrial Relations amends and republishes Sections 1, 2, 3, and 5 of the General Minimum Wage Order. MW-2001, Section 4, Separability, has not been changed. Consistent with this enactment, amendments are made to the minimum wage, and the meals and lodging credits sections of all of the IWC s industry and occupation orders. This summary must be made available to employees in accordance with the IWC s wage orders. Copies of the full text of the amended wage orders may be obtained by ordering on-line at or by contacting your local Division of Labor Standards Enforcement office. 1. APPLICABILITY The provisions of this Order shall not apply to outside salespersons and individuals who are the parent, spouse, or children of the employer previously contained in this Order and the IWC s industry and occupation orders. Exceptions and modifications provided by statute or in Section 1, Applicability, and in other sections of the IWC s industry and occupation orders may be used where any such provisions are enforceable and applicable to the employer. 2. MINIMUM WAGES Every employer shall pay to each employee wages not less than seven dollars and fifty cents ($7.50) per hour for all hours worked, effective January 1, 2007, and not less than eight dollars ($8.00) per hour for all hours worked, effective January 1, MEALS AND LODGING Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer s minimum wage obligation, the amounts so credited may not be more than the following: Effective January 1, 2007 LODGING Room occupied alone... $35.27 per week Room shared...$29.11 per week Apartment two-thirds (2/3) of the ordinary rental value, and in no event more than:...$ per month Where a couple are both employed by the employer, two-thirds (2/3) of the ordinary rental value, and in no event more than:...$ per month MEALS Breakfast... $2.72 $2.90 Lunch... $3.72 $3.97 Dinner... $5.00 $5.34 Effective January 1, 2008 $37.63 per week $31.06 per week $ per month $ per month 4. SEPARABILITY If the application of any provision of this Order, or any section, subsection, subdivision, sentence, clause, phrase, word or portion of this Order should be held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein. 5. AMENDED PROVISIONS This Order amends the minimum wage and meals and lodging credits in MW-2001, as well as in the IWC s industry and occupation orders. (See Orders 1-15, Secs. 4 and 10; and Order 16, Secs. 4 and 9.) This Order makes no other changes to the IWC s industry and occupation orders. These Amendments to the Wage Orders shall be in effect as of January 1, Questions about enforcement should be directed to the Division of Labor Standards Enforcement. Consult the white pages of your telephone directory under CALIFORNIA, State of, Industrial Relations for the address and telephone number of the office nearest you. The Division has offices in the following cities: Bakersfield, El Centro, Eureka, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton, and Van Nuys.