Wage Theft Notice and Poster Template Now Available

As reported in “Mandatory Paid Sick Leave for California Employees” California’s Healthy Workplaces, Healthy Families Act (Assembly Bill [AB] 1522) requires nearly all California employers to provide paid sick leave to their employees. While affected employers do not need to provide paid sick leave until July 1, 2015, such employers must comply with AB 1522 notification requirements at the start of the year by prominently displaying a new template sick pay poster and by distributing individual notices to new hires.

Posting Requirements: The California Labor Commissioner has issued a template poster for employer compliance, to be displayed by January 1, 2015 where employees can easily read it. The poster describes which employees are entitled to AB 1522 paid sick leave and how and when they may use their available benefits. The poster reiterates that retaliation or discrimination against an employee who requests or uses paid sick time is prohibited.

Notice Distribution Requirements: As reported in “California Wage Theft Protection Act,” California employers must provide written notice to newly hired non-exempt hourly workers concerning rates of pay, payday, employer’s workers’ compensation insurance carrier, and related information. Beginning January 1, 2015, employers must use an expanded version of that notice specified by the California Labor Commissioner’s office (“Notice to Employee – Labor Code section 2810.5”).

The revised notice’s new subsection on paid sick leave advises that an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.

An affected employer should closely review and understand the revised notice before January 1 as one of four alternative ways of providing sick pay benefits must be selected and checked off on the form prior to its distribution to new hires.

For further information and assistance, contact one of our attorneys Tim Bowles, Cindy Bamforth or Helena Kobrin.