Labor Commissioner Posts Updated FAQ on New Wage Notice

As CalChamber members know, a new state law that took effect January 1, 2012, requires employers to provide nonexempt employees with a notice at the time of hire containing specified wage information. 

Employers have had many questions regarding putting the new notice into practice and how to comply with the law. Employers sought guidance on several issues, including:

• What should an employer do if the employee has multiple hourly pay rates or piece rates?
• Does the rate of pay required on the notice include other compensation for work performed?
• When does a “hire” occur for purposes of providing the required notice?

Today, the Labor Commissioner attempted to answer some of these inquires and issued an updated “Frequently Asked Questions (FAQ) Wage Theft Protection Act of 2011 -- Notice to Employees.”

As previously discussed, the new mandatory notice contains specific wage information, including:

• The rate of pay and the basis of the employee’s pay, whether hourly, salary, piece commission or otherwise, including any overtime rate
• Allowances, if any, claimed as part of the minimum wage, including meal and lodging allowances
• The regular pay day designated by the employer as required under the Labor Code
• The name of the employer, including any “doing business as” names
• The physical address of the employer’s main office or principal place of business and any mailing address, if different
•  The telephone number of the employer
• The name, address and telephone number of the employer’s workers’ compensation carrier

The Labor Commissioner prepared the form for employers to use, and this form contains all required information plus other information the Labor Commissioner deems “material and necessary.” The new notice is also available for download from HR Allen Consulting Services.

Author: Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

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