Just over a year has passed since California passed the Wage Theft Protection Act. Although it was enacted without widespread reporting in the press, the law adds to the already lengthy list of wage and hour information that an employer must provide to all employees.

Under the law, an employer must provide written notice to all NEW employees of the following:

(a) The job rate or rates of pay and whether it pays by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime.

(b) Any allowances claimed as part of the minimum wage, such as for uniforms, meals, and lodging.

(c) The employer’s regular payday, subject to the Labor Code.

(d) The employer’s name, including any “doing business as” names used.

(e) The address of the employer’s main office or principal place of business, and its mailing address, if different.

(f) The employer’s telephone number.

(g) The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.

(h) Other information added by the Labor Commissioner as material and necessary.

To make it easier for employers, the California Labor Commission has provided a template with all of the information and language required by the law. A copy can be found here:

http://www.dir.ca.gov/dlse/LC_2810.5_Notice.pdf

The information contained in the notice must be kept up to date. Employers must notify their employees of any changes within seven calendar days after the time of the changes, unless the changes are reflected on the wage statements that accompany the employee’s pay stub.

This notice is NOT required for current employees or employees who are exempt from the payment of overtime wages. If you have any questions regarding whether your employees are correctly classified as “exempt” or “non-exempt,” please contact Doug Roy at 424-901-0148.