Notice to Employees:
The Wage Theft Protection Act of 2011 established several new employee protections. The Act created Labor Code section 2810.5 which requires most employers to provide written notice to employees of their rate(s) of pay, any allowances, the regular payday, and the name and contact information of the employer and the employer’s workers’ compensation insurance carrier. According to the State Legislature, the requirements are intended to apprise employees of basic information material to their employment relationship, and to ensure employees are given up-to-date employment information. The information must be provided “(a)t the time of hiring” and “within seven calendar days” of any change of the required information to the extent the change is not “reflected on a timely wage statement furnished in accordance with Section 226.” See Labor Code 2810.5(b).
For answers to commonly asked questions about the notice of pay requirements you can visit the California Department of Industrial Relations’ website https://www.dir.ca.gov/dlse/FAQs-NoticeToEmployee.html.
New Changes Effective 2015:
Earlier this year, California passed the Healthy Workplaces, Healthy Families Act of 2014, requiring employers to provide paid sick leave. For more information about the requirements of the Healthy Workplaces, Healthy Families Act of 2014, you can read our blog post https://suttonhague.com/new-california-law-employers-must-provide-paid-sick-leave/. Although many of the requirements of the Act do not come into effect until July 1, 2015, employers must provide employees with an individualized notice with paid sick leave information as of January 1, 2015. The California Division of Labor Standards Enforcement has created a Notice to Employee that complies with Labor Code 2810.5 and provides the required information about paid sick leave. You can download the form by clicking here. However, if your employees are employed on an at-will basis, we recommend using the form prepared by our office (Click Here). On January 1, 2015, employers should implement a Notice to Employee Form containing information relating paid sick leave. If you have any questions as to whether the Notice to Employee Form you are using complies with California law, please consult with qualified legal counsel.