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New Wage and Employment Notice

Required - Wage Theft Protection form

As of January 1, 2012, employers must provide nonexempt and hourly 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 includes:

•  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 mailing address of the business.

•  The employer’s phone number.

•  The name address and phone number of the employer’s workers’, compensation carrier.

•  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 Employer and employee to sign.

Employees exempt from the payment of overtime wages by statute or Wage Order are not covered by the written notice requirement.

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. A printed Statement of Earning will meet this requirement

Notice is provided in another writing required by law within seven days of the change

                                                                                       CALIFORNIA CODES

                                                                                             LABOR CODE

                                                                                        SECTION 2800-2810.5

2810.5.  (a) (1) At the time of hiring, an employer shall provide each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:

  (A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.

  (B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.

  (C) The regular payday designated by the employer in accordance with the requirements of this code.

  (D) The name of the employer, including any “doing business as” names used by the employer.

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

  (F) The telephone number of the employer.

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

  (H) Any other information the Labor Commissioner deems material and necessary.

  (2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.

  (b) An employer shall notify his or her employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:

  (1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.

  (2) Notice of all changes is provided in another writing required by law within seven days of the changes.

  (c) For purposes of this section, “employee” does not include any of the following:

  (1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.

  (2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.

  (3) An employee who is covered by a valid 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.

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