Premium Joomla Template by HostMonster Reviews

DLSE Releases Revised Wage Theft Protection Act Compliance Materials

On April 12, 2012 the Division of Labor Standards Enforcement (DLSE) issued a more streamlined template in compliance of the California’s Wage Theft Prevention Act. The agency also update its FAQ web page which provides guidance to employers to comply with the employee disclosure requirements which became effective at the beginning of 2012.

AB 469 (Swanson, D-Oakland) (in addition to creating a new crime subject to imprisonment for an employer who "willingly fails" to by minimum wages or overtime) will impose new obligations for employers to make largely redundant point-of-hire disclosures to employees that are normally already made orally or in print:

  • the employee’s rate of pay;
  • the employer’s address;
  • the regular payday; and
  • any allowances claimed by the employer for meal and lodging

    Click here to go to DLSE's FAQ "Frequently Asked Questions"

    Notice to Employee (Labor Code section 2810.5)

    Archived Templates are below – Notice to Employee (effective 1/1/12 to 4/11/12)

    The text of Labor Code § 2810.5 is below. Click here to view it.

    More information, including information templates to aid employers with compliance in multiple languages are available at the DLSE website:

    http://www.dir.ca.gov/dlse/Governor_signs_Wage_Theft_Protection_Act_of_2011.html

    Text of the LC 2810.5 is at: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1180418294+1+0+0&WAISaction=retrieve

    Here is the text of LC 2810.5:

    2810.5. (a) (1) 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:

     (A) 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.

     (B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.

     (C) The regular payday designated by the employer in accordance with the requirements of this code.

     (D) The name of the employer, including any "doing business as" names used by the employer.

     (E) The physical address of the employer's main office or principal place of business, and a mailing address, if different.

     (F) The telephone number of the employer.

     (G) The name, address, and telephone number of the employer's workers' compensation insurance carrier.

     (H) Any other information the Labor Commissioner deems material and necessary.

     (2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.

     (b) An employer shall notify his or her employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:

     (1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.

     (2) Notice of all changes is provided in another writing required by law within seven days of the changes.

     (c) For purposes of this section, "employee" does not include any of the following:

     (1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.

     (2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.

     (3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.