New Wage and Employment Notice Available

Effective 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
• The name and mailing address of the employer, including any “doing business as” names used

The Labor Commissioner prepared the form for use. The new notice is also available for download from HRCalifornia. The new form contains all required information. 

The Labor Commissioner is also working on a set of guidelines and FAQs. We will keep you updated as such information becomes available.

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 provide the nonexempt employees with a new notice within seven days, either in the required form or in a wage statement compliant with California Labor Code section 226.

The full text of the legislation is available. 

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel