California recently updated two pamphlets that employers must provide to employees. The new pamphlets are (1) a "Time of Hire Pamphlet" pertaining to workers' compensation (to be provided at the time of hire) and (2) a "For Your Benefit" pamphlet, pertaining to unemployment insurance (to be provided at the time of an employee's involuntary termination or leave).
The Workers' Compensation Time of Hire Pamphlet
The Time of Hire Pamphlet, produced by the California Department of Industrial Relations (DIR), was revised on February 1, 2024. It must be given to all newly hired employees in the state of California.
The Time of Hire Pamphlet provides employees with information about what workers' compensation is, what benefits are provided, what an employee should do in the event they are injured, and information about medical care, among other information related to the state's workers' compensation system.
The For Your Benefit Pamphlet
The California Employment Development Department (EDD) publishes the DE 2320—For Your Benefit: California's Program for the Unemployed (FYB) to explain employees' rights to unemployment insurance, disability insurance, and paid family leave. It was revised in January 2024 and must be furnished to California employees when they are discharged, laid off, or placed on a leave of absence.
The FYB pamphlet, which must be provided no later than the effective date of the termination, provides employees with information about when to apply for benefits, what they need to apply, how to apply, waiting periods, and paid family leave, among other things.
Labor Code Section 2810.5 Notice
Effective January 1, 2024, AB 636 amended California Labor Code Section 2810.5 to require employers to provide employees with additional information at the time of hiring. This includes information about the existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed—and that was issued within 30 days before the employee's first day of employment—that may affect their health and safety during their employment. The California Labor Commissioner's Office has now updated its Labor Code 2810.5 form, which can be found here.
Other State Pamphlets
While this is not an exhaustive list, employers should be aware of other pamphlets to provide to employees at the time of hire, including:
- State disability insurance provisions. Employers must provide the EDD's Disability Insurance Provisions pamphlet, DE 2515.
- California paid family leave. Employers must provide the EDD's Paid Family Leave insurance pamphlet, DE 2511.
- Sexual harassment fact sheet. California employers must provide employees with information about sexual harassment, either through the fact sheet provided by the Civil Rights Department, or in another writing.
- Rights of victims of domestic violence, sexual assault, and stalking pamphlet. California employers must provide new hires with a written notice about the rights of victims of domestic violence, sexual assault, and stalking to take protected time off for medical treatment or legal proceedings.
What's Next?
California employers should ensure they are providing the current versions of all required notices and pamphlets to their California employees and seek guidance from counsel for compliance questions regarding their practice of distribution of required notices and information.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
