On January 1, 2019, California employers will begin implementing two important changes in their obligations to employees. The first change should come as no surprise to employers – California’s minimum wage rate is increasing for 2019. Indeed, the minimum wage has been increasing incrementally since 2017. What may be unexpected is that beginning in 2019, most employers will be required to implement new sexual harassment training requirements for all of their employees.
Because of these two changes, California has released two mandatory workplace posting updates and updated the required employee pamphlet that employers must use to notify employees of their rights. The updated postings and pamphlet are:
- 2019 California Minimum Wage posting
- 2019 California Law Prohibits Workplace Discrimination and Harassment posting
- 2019 Sexual Harassment Pamphlet
All employers are required to post both workplace postings and distribute the pamphlet to employees regardless of how many employees they employ.
Minimum Wage – What’s New?
Effective January 1, 2019, the minimum wage rate for large employers, those with 26 or more employees, is $12.00 per hour. The minimum wage rate for small employers, those with 25 or fewer employees, is $11.00 per hour. California’s minimum wage rate is scheduled to increase every year until it reaches $15.00 per hour for all employees. Each year thereafter, the minimum wage rate will be adjusted for inflation based on the Consumer Price Index.
The 2019 California Minimum Wage workplace posting has been revised to reflect the minimum wage rates going into effect on January 1, 2019, and on January 1, 2020. The 2019 Minimum Wage posting also shows the increases in the meals and lodging credits in effect for the next two years. Employers may use the cost of meals and lodging they provide to workers toward their minimum wage obligation. The 2019 Minimum Wage posting also references the 2017-2018 minimum wage rates and meals and lodging credits.
Workplace Discrimination and Harassment – What’s New?
This year, California enacted an amendment (SB 1343) to the law prohibiting workplace discrimination and sexual harassment. Prior to this amendment, the law required employers with 50 or more employees to provide supervisory employees with two hours of sexual harassment prevention training once every two years. Beginning this January, employers with five or more employees will be required to provide both non-supervisory employees and supervisory employees with sexual harassment prevention training. The California Law Prohibits Workplace Discrimination and Harassment posting has been revised to reflect the new training requirement.
In addition to the California Law Prohibits Workplace Discrimination and Harassment posting, all employers are required to distribute to all employees the state’s Sexual Harassment Pamphlet (DFEH-185). The pamphlet explains the basic protections of the law as well as the new sexual harassment training requirements and training deadlines. Specifically, employers must provide one hour of sexual harassment training to non-supervisory employees and two hours of such training to supervisory employees. Employees must be trained during calendar year 2019, and, after January 1, 2020, training must be provided again every two years. Online training courses will be available to stream or download from the Department of Fair Employment and Housing’s (DFEH) website.
How Can I Comply with Employee Notice Requirements?
If you already have a California All-On-One™ Poster, you can comply by purchasing separate Peel ‘N Post™ stickers to update both workplace postings. Alternatively, you can order the 2019 California All-On-One™ Poster which has both posting updates. We’ve also updated the Sexual Harassment Pamphlet, which is available to purchase in 10-Packs. Just use these links to order your updates: