California’s “Wage Theft Prevention Act” requires most employers to provide nonexempt-from- overtime employees with specified wage-related information in writing (the notification) at the time of hire and within seven calendar days after any changes to:
- Employer’s full contact information;
- Pay rates — including overtime rates — and their bases, whether hourly, shift, daily, weekly, salary, piece, commission, or otherwise;
- Regular payday;
- Workers’ compensation carrier’s full contact information; and
- Paid sick leave benefits
Covered employers can use the California Labor Commissioner’s sample “Notice to Employee, Labor Code section 2810.5” form for these purposes.
Effective January 1, 2024, the notification must reference ●increased sick leave benefits and ● any information on “the existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed, and that was issued within 30 days before the employee’s first day of employment, that may affect their health and safety during their employment.” (See new Labor Code section 2810.5 (a)(1)(I).)
The Labor Commissioner’s office will update its sample “Notice to Employee” form by March 1, 2024.
Take-Aways:
Until the Labor Commissioner updates the Notice to Employee form in early March, employers should promptly (i) revise the sample form’s paid sick leave section to reflect the 2024 increased minimum paid sick leave requirements under state law; (ii) modify the existing sample form to include any relevant “state of emergency” information and implement a process to track announcements of such emergency declarations; and (iii) periodically monitor the Labor Commissioner’s website for its updated sample form and any additional guidance.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
- Fritter No More – Workplace Policy Handbook & Forms for 2024 (December 8, 2023)
- What’s New in 2024 – Retaliation Wake-Up Call Employer Discipline, Termination May Be Presumed Illegal (December 1, 2023)
- Know, Then Go – Annual Seminar for Employers (November 29.2023)
Cindy Bamforth
December 15, 2023