As readers may know from our recent California Employment Law Update in 2025 webinar, California enacted a number of bills updating employment related postings in the workplace. In addition to California, other states and federal law require employers to post various notices to employees. This got us thinking about all the nuances that come with complying with posting requirements. We hope this case study helps clarify what can become a very complicated issue.
Hypothetical
ABC Hotel occupies oceanfront property in Manhattan Beach, CA. The hotel employs over 250 people in various departments, including housekeeping, front desk, retail, and food and beverage. ABC Hotel has employees that are in-person, hybrid, and remote. While most of the employees are English-speaking, many of the employees only speak other languages.
ABC Hotel’s Human Resources Department recently held a meeting to discuss compliance with the various posting requirements under California and federal law. At the meeting, ABC Hotel decided to create a posting board in the housekeeping break room where all state and federal notices get posted. The posting board is in the corner behind the door to the break room, which is always ajar. Each notice is on 8.5×11 pieces of paper, in size 8-point cursive font, and in English.
Issues and Analysis
The issues in this hypothetical implicate both statutory compliance and current NLRB law. The state or federal statute might simply require certain information to be included in the posting, but the issues presented by these laws are many.
Location of Posting
The first issue presented by this hypothetical is that the employer has hybrid and remote employees. Based on the hypothetical, HR has not decided how required notices will be provided to remote employees. It is not enough for an employer to post notices in a break room if some employees will never be in the break room. Employers with remote employees should consider alternative means of providing mandatory notices, such as via email or annual training. In addition, even if employees are fully on-site, the location in the housekeeping breakroom is only sufficient if all employees use that breakroom. In the hypothetical, the hotel has various departments which likely have their own breakrooms. If, for example, the front desk employees never go in the housekeeping breakroom, the posting is likely inadequate because these employees would never see it. The postings should be placed in as many areas as necessary to ensure that all employees have access to it.
Method of Posting
The next issue presented by this hypothetical is the location of the posting board. Employers are generally required to post these types of notices in an accessible area frequented by employees. The location behind the door leading to the break room could be an issue, since employees will not necessarily see the posting board upon entering the break room. This is especially true if the posting board is blocked by the door, which is always ajar.
Relatedly, the size of the paper and font could be important to this analysis. A standard piece of paper might be sufficient to comply with posting requirements, assuming the font on the posting is still large enough to be legible. Similarly, size 8-point font might be sufficient if it is clearly legible to employees. That said, light colored font (i.e. yellow, light green, etc.) might not be sufficient, since the font size might be legible, but the color is not. Lastly, cursive font can be difficult for employees to decipher and might not be compliant with the requirements.
Language of Posting
Another issue presented by this hypothetical is the language of the posting. Employers should always consider whether the employees can understand the postings. Here, the employer has employees who are not English-speaking, so it is important that those employees are provided the information required in the posting in a language that they understand.
Other Issues Presented
An important issue that is not directly implicated by the hypothetical is the employer’s obligation to maintain the posting. Employers should have a process for ensuring that all required postings are periodically checked to ensure that the posting is intact and still posted. This is important because a defaced or destroyed posting likely is not sufficient to comply with the posting requirements, especially if the information in the posting is illegible as a result.
Conclusion
Both employment and labor law are full of nuance, as shown by this hypothetical case study. Employers should always review their compliance with state and federal law to ensure they are up to date on the latest changes. As shown above, even something as simple as mandatory postings can raise many issues and requires careful analysis. Employers should not rely on their previous understanding or interpretation of laws and should always audit whether they are currently in compliance with the relevant statute and current NLRB rulings.
Why is this important to employers? It is always important for employers to ensure they are in compliance with state and federal law. Failure to comply can result in a variety of consequences, including lawsuits, inspections, civil penalties, and/or citations. These can be expensive to defend against and could result in high damages.
