New Requirements for Nonexempt Employees in California

Recently, Assembly Bill 469, the Wage Theft Protection Act was signed into law in California. The Act is effective January 1, 2012 and adds Section 2810.5 to the California Labor Code. Private employers will be required to provide a notice which includes the following information to nonexempt employees at the time of hire:

– The rate and basis of pay of the employee’s wages (e.g., hourly, salary, commission, or other method)
– Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances
– The employer’s regular paydays
– The name (including “doing business as” name), physical address of main office, mailing address, if different from physical address, and telephone number of the employer
– The name, address, and telephone number of the employer’s workers’ compensation carrier
– Any other information the Labor Commissioner deems material and necessary
 
The Act also requires California employers to provide written notice of changes to any of the above items within seven calendar days.
 
The Act does not apply to public employees, exempt employees of private employers, or employees covered by a collective bargaining agreement that expressly provides for the wages, hours or work, and working conditions of employees.
 
The Labor Commissioner will be issuing a notice template sometime in mid-December 2011 which will be posted on the Department of Industrial Relations website.