§ 1089. — (Repealed (in Sec. 3) and added by Stats. 2023, Ch. 277, Sec. 4.)

(a)
Each employer shall post and maintain, in places readily accessible to individuals in the employer’s service, printed statements concerning benefit rights and other matters as may be prescribed by authorized regulations.
(b)
Each employer shall, pursuant to authorized regulations, supply each individual at the time they become unemployed with copies of printed statements or materials relating to claims for benefits, or if the individual opts into receipt of electronic
statements or materials, electronic statements or materials relating to claims for benefits.
(c)
Each employer shall immediately notify each employee of any change in the employee’s relationship with that employer.
(d)
Printed statements shall be supplied by the director to each employer without cost to them.
(e)
(1)
The employer may provide the notification required by subdivision (a) or (b) via email to an email account of the employee’s choosing in PDF, JPEG, or other digital image file type format, if an employee affirmatively, and in
writing, by email,
or by some form of electronic acknowledgment, opts into receipt of electronic statements or materials.
(2)
(A)
In the case of electronic acknowledgment, the acknowledgment form shall do all of the following:
(i)
Fully explain that the employee is agreeing to electronic delivery of the notification required by this section.
(ii)
Provide the employee with information about how they can revoke consent to electronic receipt.
(iii)
Create a record of the employee’s agreement to electronic delivery of the
notification required by this section.
(B)
The employee may revoke the agreement at any time in writing, by email, or by some form of electronic acknowledgment.
(f)
An employer may not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee who does not affirmatively, in writing or by electronic acknowledgment, opt into receipt of electronic statements or materials.
(g)
Failure to comply with this section by an employer shall constitute a misdemeanor.
(h)
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Legislative History

Amended by Stats. 2023, Ch. 277, Sec. 3. (AB 1355) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. See later operative version added by Sec. 4 of Stats. 2023, Ch. 277.