California Paid Sick Leave Poster in San Jose, California (2026)
You risk wage-and-hour claims, fines, and employee confusion if you don't display the correct California Paid Sick Leave poster in your San Jose restaurant. This state-mandated notice, issued by the California Department of Industrial Relations (DIR) and known as a "poster requirement," informs your staff of their sick leave rights under state law. Key facts:
- 17 fields on the template — ApronPrep auto-fills 14
- $0–$0 in government filing fees
- Varies timeline for posting (required immediately upon hire)
Analyzed from California Paid Sick Leave Poster
82% from one compliance interview
Manual entry or document upload required
Why You Need a California Paid Sick Leave Poster
Your restaurant is legally required to display an updated California Paid Sick Leave poster to comply with state and local ordinances. This requirement is enforced under the California Labor Code, specifically Sections 245-249 (Paid Sick Leave), and is reinforced by San Jose Municipal Code § 6.95 (Minimum Wage Ordinance). The poster communicates employee rights to sick leave accrual and use, and the law mandates it be posted “in a conspicuous place” where employees can readily read it. Non-compliance is treated as a failure to provide required wage notices, which triggers specific penalties.
Failing to display the correct, current poster exposes your business to significant financial and operational risks, regardless of whether a wage claim is filed. Common penalties include:
- Civil Penalties: The Labor Commissioner can assess penalties per employee for each pay period the notice was not posted, as authorized under Labor Code § 2699.
- Back Wage Liability: In a dispute over sick leave accrual or use, the lack of proper notice can weaken an employer's defense, potentially leading to liability for back wages.
- Cease-and-Desist Risk: A wage claim investigation that finds missing mandatory postings can lead to a broader audit and a compliance order that disrupts operations.
- Insurance & Lease Implications: Some business liability policies exclude coverage for violations of labor laws, and commercial leases often require tenants to maintain full legal compliance.
Legal code: State minimum wage law, earned sick time law, tip law, workplace poster statutes, prevailing wage law
Recent update: As of 2026, the California Labor Commissioner updated the mandatory Paid Sick Leave poster to reflect new accrual and use requirements under SB 616, making all previous versions non-compliant.
Who Needs a California Paid Sick Leave Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for any employer with one or more employees under California's Paid Sick Leave law (Labor Code § 246). |
| Bar / Nightclub | Required | Required if it employs any workers, including bartenders and servers, as all employees are covered under the state mandate. |
| Food Truck | Required | Required, as the mobile food facility is considered a place of employment and its workers are entitled to paid sick leave. |
| Coffee Shop / Café | Required | Required, as it employs staff for food and beverage service, which falls under the general coverage of the state law. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Field-by-Field Guide (17 Fields)
14 of 17 auto-filledHas California Employees
booleanSelect 'Yes' if you have any employees, including part-time or seasonal staff, who work in California, as the posting requirement applies to all California employers.
COMMON MISTAKE: Selecting 'No' if you have any staff working within California, which creates a compliance gap.
Total Number of California Employees
numberEnter the total headcount of individuals you employ in California, which helps verify that the posting requirement applies to you.
COMMON MISTAKE: Entering a national employee count instead of just California staff, which misrepresents your obligation scope.
California Workplace Addresses
textList the full street addresses of all your business locations in California where employees report for work and posters must be displayed.
COMMON MISTAKE: Providing incomplete addresses (e.g., missing suite numbers) or only listing a headquarters, which can lead to incomplete poster placement.
Current Poster Status
selectSelect whether you currently have the correct 2025/2026 poster version displayed, an outdated version, or no poster at all.
COMMON MISTAKE: Selecting 'Current Poster Displayed' without verifying the poster is the mandatory 2025 or 2026 version, which is a common compliance failure.
Last Verification Date
dateEnter the date you last checked your posted notice against the official California Labor Commissioner's website for updates.
COMMON MISTAKE: Leaving this blank or entering a date older than January 2025, indicating use of an outdated, non-compliant poster.
Understands Display Requirements
booleanConfirm you understand that the poster must be placed where employees can easily read it, such as a break room or other common area.
COMMON MISTAKE: Selecting 'Yes' without knowing the specific California requirement for a conspicuous location accessible to all employees.
Planned Posting Locations
textDescribe the exact, conspicuous spots within each California workplace where you will post the notice (e.g., 'Break room bulletin board next to time clock').
COMMON MISTAKE: Vague entries like 'office' that do not demonstrate a plan for conspicuous placement as required by law.
Poster Downloaded
booleanConfirm you have downloaded the official '2025 Notice to Employees - Paid Sick Leave' poster from the California Labor Commissioner's website.
COMMON MISTAKE: Selecting 'Yes' after downloading an unofficial or outdated version from a third-party site, which is not compliant.
Download Date
dateEnter the date you downloaded the poster file from the official state website, which proves you obtained the current version.
COMMON MISTAKE: Entering a download date before 2025, which confirms you are using an obsolete, non-compliant poster version.
Languages Required for Posting
textList the language versions you need (e.g., English, Spanish), based on your workforce, as the state provides the poster in multiple languages.
COMMON MISTAKE: Only listing 'English' when a significant portion of your workforce speaks another language, failing to meet accessibility requirements.
ApronPrep auto-fills 14 of 17 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Top 5 California Paid Sick Leave Poster Mistakes
1. Using an Outdated or Generic Poster
Posting a general California poster without San Jose’s city-specific notice, or using a poster with outdated state information from before 2024. San Jose’s Department of Equity and Enforcement requires posting the most current state-mandated language, and an out-of-date poster fails to inform employees of their full rights. Avoid this by downloading the current version directly from the California Labor Commissioner’s website and confirming it’s the one that includes the 2024 update.
2. Posting in an Inaccessible Location
Placing the poster in a back office, breakroom only managers use, or another area not frequented by all employees. California Labor Code §2810.5 requires the poster be displayed where employees can easily read it at the worksite. A hidden poster can lead to wage claims if an employee is unaware of sick leave rights. Post it alongside other required labor law notices (like minimum wage) in a common area like the kitchen entrance or time clock station.
3. Incorrect or Missing Employer Information
Failing to write in the employer’s legal business name, address, or sick leave policy details in the blank spaces provided on the poster. The poster is a template that requires customization to be valid. Leaving it blank means employees don’t know whom to contact with questions or the specifics of your accrual method. Use the exact legal name and address from your business license and Employee Identification Number (EIN) documents to fill in all blanks legibly.
Skip the Paperwork on Your California Paid Sick Leave Poster
ApronPrep auto-fills 14 of 17 fields from one compliance interview.
No credit card required
California Paid Sick Leave Poster by City in California
| City | Fee Range | Timeline |
|---|---|---|
| Los Angeles | ||
| San Diego | ||
| San Jose |
Timeline: 1 Day to Post
Download the Correct Poster from DIR
Visit the California Department of Industrial Relations (DIR) website and locate the '2026 Paid Sick Leave' poster under 'Required Notices.' There are often multiple versions; ensure you download the standard state-mandated poster. San Jose employers must use this exact version from the DIR—downloading from a third-party site risks using an outdated or non-compliant notice.
Print the Poster on Durable Material
Print the downloaded PDF poster. It must be printed at 100% scale and in a size that is easily readable—letter size (8.5x11 inches) or larger is recommended. Use durable paper, such as cardstock, as it must withstand wear and tear in a workplace environment. Failure to display a legible, non-altered notice is a common source of workplace citations.
Post in a Conspicuous Location
Place the printed poster where employees can easily see it at all times. In a restaurant, this is typically in a common break area, kitchen, or near time clocks—not in a back office or manager's station. You must display it alongside other required California notices, like Wage Order postings. Posting this notice is a mandatory condition of employment under California Labor Code § 247.
Where to Apply
Applications go to the California department of labor. Local procedures and fees may vary — select your city below.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in California.
ABC Local Control Application
local
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Alcohol Server Training Certification (RBS)
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThis is a compliance posting, not a permit, so there is no government processing timeline. Your timeline depends on how quickly you obtain the correct poster from an authorized provider and post it. According to the California Labor Commissioner's office, posting must be completed immediately to ensure compliance for your opening.
The government filing fee for the required notice is $0–$0. You are required to post the official California Paid Sick Leave poster, which can be downloaded for free from the California Department of Industrial Relations (DIR) website. Some businesses may choose to purchase a laminated version from a commercial supplier, but this is not a government-required cost.
No. This poster is a state-mandated workplace notice that must be displayed at each worksite. If you open a new location, you must post a new, current version of the poster there. Similarly, labor law changes often require new posters, so your existing poster for a Alarm System Permit/Registration or other location-specific permit may be obsolete.
You do not renew it, but you must replace it whenever the state updates the official notice, which happens whenever the underlying law changes. You are responsible for monitoring updates from the California Department of Industrial Relations. This is similar to ensuring your California Employer Withholding Tax Registration is current, as both are ongoing employer obligations.
A state or local labor inspector will check that the official, current California Paid Sick Leave poster is conspicuously posted where all employees can see it, typically in a break room or common area. They will also verify it is posted alongside other required notices, such as those for minimum wage and workplace safety. Failure to post can result in penalties during routine inspections, even if no employee complaint has been filed.
About This Data
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For California specifically, we have analyzed compliance dossiers for 3 cities (Los Angeles, San Diego, San Jose), generating Rich FILs (Form Intelligence Layers) with 17 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
Sources
- State minimum wage law, earned sick time law, tip law, workplace poster statutes, prevailing wage law
- Los Angeles — Department of Labor / Labor Standards
This Form Is One of 60+ Requirements.
ApronPrep discovers every permit your city requires — including the ones generic checklists miss. Pick your city for the complete package.