The Wage Theft Protection Act (AB469), which went into effect January 1, 2012, provides greater protection to workers and makes changes in the way workers in California are notified of basic employment information. The new legislation amends existing law and adds new requirements for employers. It also criminalized willful violation for non-payment of wages after court judgment or final administrative order.
The new section 2810.5 of the labor code requires all private sector employers to provide notice to employee of the following:
- The rate(s) of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any overtime rates if applicable.
- Allowances, if any, claimed as part of minimum wage, including meal or lodging.
- The regular pay day designated by the employer in accordance with payday laws.
- The name of the employer and any “doing business as” names used by the employer.
- The physical address of the employer’s main office and mailing address if different.
- Telephone number of employer.
- The name, address, and telephone number of the employer’s workers compensation insurance carrier.
- Any other information the Labor Commissioner deems material and necessary.
The notice should be provided to all current employees and all newly hired employees at the time of hire. The notification must also be provided in the language the employer normally uses to communicate employment-related information to employees. Exempt employees in professional, executive, and administrator positions, are excluded from the notice requirement.
Employers must also notify employees, in writing, of any change to the information in the notice within 7 calendar days after the time of the change unless one of the following applies: (a) All changes are reflected on a timely wage statement furnished in accordance with Labor Code section 226, or (b) Notice of all changes is provided in another writing require by law within seven days of the changes
A notice to employees template is available on the CA Labor Commissioner’s website, however, employers are not required to use this template. Notices may be provided electronically, but there needs to be a system to acknowledge employee receipt of the notice, as well as be ability to print a copy.