California Wage Theft Protection Act UPDATE
By Brandon T. Willenberg
We recently reported about the new California Wage Theft Protection Act (“Act”) that went into effect on January 1, 2012.
On December 30, 2011, the Division of Labor Standards Enforcement (“DLSE”) published its "Frequently Asked Questions" (“FAQ”) regarding the new Act and its notice requirements. The FAQs incorrectly stated, however, that the Act’s required notice must be provided to all current employees, despite the fact that the new statute calls only for employers to provide the Notice to employees "at the time of hiring." The DLSE has since updated the FAQs, found here, which now correctly reflect that the new Labor Code § 2810.5 notice need only be provided to employees at the time of hiring and within seven days of a change in that information, if the change is not listed on the employee's pay stub for the following pay period.
The DLSE also issued last week its form template for the Labor Code § 2810.5 notice, found here in .pdf format. However, this template appears to require employers to disclose information outside of what the statute requires, such as the employer's business type (e.g., sole proprietorship, corporation, limited liability company), whether there is an oral or written employment agreement, the employer's workers' compensation insurance policy number, and a statement that the employee's signature on the notice "merely constitutes [an] acknowledgement of receipt." We expect the DLSE will be receiving and responding to some questions or comments on this discrepancy soon. Stay tuned for further updates.
In the meantime, if you have any questions about the Labor Code § 2810.5 notice and its contents make sure you contact your employment counsel and get the appropriate guidance.
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