New Wage and Employment Notice Required

As of January 1, 2012, employers must provide nonexempt employees with specific wage information at the time of hire. The Wage Theft Protection Act of 2011 amends the Labor Code to add section 2810.5, which requires employers to provide a written notice to nonexempt employees at the time of hire.

The new notice contains specified information, including:

• Rates of pay, including overtime rates and basis on which wages are calculated
• The designated regular pay day
• Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances
• The name of the employer, including any “doing business as” names used
• The physical address of the employer’s main office or principal place of business and, if different, a mailing address
• The employer’s phone number
• The name address and phone number of the employer’s workers’ compensation carrier
• Other information the Labor Commissioner deems material and necessary

The Labor Commissioner prepared the form for use. The new notice is also available for download from HR Allen Consulting Services and contains all required information.

Employers are required to provide the notice at the time of hire in the language the employer normally uses to communicate employment-related information.

The notice contains an acknowledgment of receipt for the employee to sign. According to the Labor Commissioner, the notice can be given electronically, but the employer must maintain a system where the worker can acknowledge the receipt of the notice and print out a copy of the notice.

Some employees are not covered by the written notice requirement. These employees include:

• Employees exempt from the payment of overtime wages by statute or Wage Order
• Employees of the state or any political subdivision
• Employees covered by a collective bargaining agreement if the agreement expressly provides for the wages, hours of work and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage

If, after hire, the employer changes any of the information required on the notice, the employer must notify employees of any changes in writing within seven calendar days after the time a change was made, unless:

• All changes are reflected on a timely wage statement compliant with California Labor Code section 226
• Notice is provided in another writing required by law within seven days of the change

The Labor Commissioner has prepared a Frequently Asked Questions document with further details regarding the new notice requirement.

Author: HRCalifornia

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