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DLSE Publishes Template for Employee
Notices Required by the Wage Theft Prevention Act
December 30, 2011
Summary
On Wednesday the California Division of Labor
Standards Enforcement (DLSE) published a template to assist
employers in complying with the new Wage Theft Prevention
Act’s employee notice requirements. This new law
requires employers to furnish several types of information to
newly hired non-exempt employees, among others, beginning
January 1, 2012. The template can be
downloaded here.
Discussion
As discussed
in our
October 20, 2011 E-Update, the Wage Theft Prevention Act
(AB 469) requires employers to provide each newly hired,
non-exempt employee with a written notice that contains
specified information. The information that must be
provided is:
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The rate or rates of pay, including overtime rates.
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An indication of whether the employee is to
be paid by the hour, shift, day, week, salary, piece,
commission, or otherwise.
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Allowances, if any, claimed as part of the
minimum wage, including meal or lodging allowances.
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The regular payday designated by the
employer.
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The name of the employer, including any
"doing business as" names used by the employer.
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The physical address of the employer's main
office or principal place of business, and a mailing
address, if different.
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The telephone number of the employer.
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The name, address, and telephone number of
the employer's workers' compensation insurance carrier.
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Any other information the Labor
Commissioner deems material and necessary (which is
reflected in the newly-issued template).
Additionally,
if an employer later changes any of the required information,
the employer must notify its employees of
the changes within seven days,
either by providing a new notice or by including the new
information on a timely issued wage statement.
Notably, the
notice requirements do not apply to exempt employees,
public employees, or employees covered by valid collective
bargaining agreements who earn at least 30 percent more than
the state minimum wage.
What This Means
Although the
new law does not
require employers to use the DLSE template, it provides a
ready tool for many employers to meet the requirements of the
new law. However, many employers, particularly larger
employers which regularly hire employees, may prefer to create
their own template that is customized to them. In either
case, employers must be prepared to begin providing some
notification beginning January 1, 2012.
Additionally,
employers
should remain aware of the continuing obligation to
update the covered employees whenever the information
specified above changes. It is particularly important to be
vigilant on this issue because the time period to provide the
updated notification is short (i.e., within seven days of the
information changing or in the next timely issued wage
statement).
This E-Update was
authored by Aaron Buckley and
Brenda Kasper. For
more information or questions, please contact Mr. Buckley, Ms.
Kasper or any Paul, Plevin attorney at (619) 237-5200.
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Information
Authors
Aaron Buckley
email
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Brenda Kasper
email
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