by Sayema Hameed
A wide array of new employment laws go into effect in California in 2012. Among the new laws that will impact the day-to-day operations of employers is the new “Wage Theft Prevention Act of 2011,” which adds Section 2810.5 to the California Labor Code. Effective January 1, 2012, employers will be required to provide to non-exempt employees, at the time of hiring, a notice including the following information:
- √ The employer’s rate(s) of pay and how the employee will be paid (salary, hourly, commission);
- √ The rates for overtime;
- √ Any allowances claimed as part of the minimum wage, including meal or lodging allowances;
- √ The employer’s regular payday;
- √ The employer’s name, including any fictitious business names under which it operates;
- √ The employer’s physical and mailing addresses; and
- √ Contact information for the employer’s workers’ compensation insurance carrier.
The new law also requires that the employer notify the employee in writing of any changes to the information set forth in the notice to employee within seven (7) calendar days after the time of the changes, unless one of the following applies: (a) All changes are reflected on a timely wage statement furnished in accordance with Labor Code section 226; or (b) Notice of all changes is provided in another writing required by law within seven days of the changes.
The California Labor Commissioner has prepared a notice template for use by employers to comply with this notice requirement, which is available here: http://www.dir.ca.gov/dlse/LC_2810.5_Notice.pdf
The California Labor Commissioner has also prepared frequently asked questions regarding this notice requirement here: http://www.dir.ca.gov/dlse/FAQs-NoticeToEmployee.html