Recently, California Governor Brown signed AB 469, the Wage Theft Protection Act (the “Act”), into law. The Act, which adds Section 2810.5 to the California Labor Code, becomes effective January 1, 2012. The Act applies to non-exempt employees who are employed by private employers. The Act does not apply to public employers, exempt employees of private employers, or those employees covered by a collective bargaining agreement.
In accordance with the Act, “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:”
- 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;
- allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances;
- the regular payday designated by the employer;
- the employer’s name, including any “doing business as” names used by the employer;
- the physical address of the employer’s main office or principal place of business, and a mailing address if different;
- the employer’s telephone number;
- the name, address, and telephone number of the employer’s workers’ compensation carrier; and
- any other information the Labor Commissioner deems material and necessary.
If any of the above required information changes, California employers are required to provide affected employees with a written notice of the change(s) within seven (7) calendar days after the change(s), unless all of the changes are reflected on a timely wage statement furnished to the employee or a notice of all changes is provided in another writing required by law within seven (7) days of the changes. The California Labor Commissioner has been charged with preparing a template that meets the new requirements.