17 | December 2017

New Wage and Employment Notice

January 24, 2012

Business compliance took effect January 1, 2012 requiring employers to provide nonexempt employees with specific wage information at the time of hire

AB 469, 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. This law also increases penalties for wage violations.

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. 

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.

The Labor Commissioner also has created a set of guidelines and FAQs.

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% more than the state minimum wage.

If, after hire, the employer changes any of the information required on the notice, the employer must provide the nonexempt employees with a new notice within seven days, either in the required form or in a wage statement that complies with California Labor Code Section 226.

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