California Wage Theft Protection

California Wage Theft Prevention Act form and guidelines. This information applies to all non-union, non-exempt (under the Fair Labor Standards Act) employees working in California.

October 3, 2012

Dear Valued Client,

As you are aware, employers hiring Non-Union, Non-Exempt employees working within the state of California are required by law to provide a document outlining various pieces of information surrounding an employee’s pay to the employee at the time of hiring. This form, the Wage Theft Prevention Act Form, has undergone numerous changes since the beginning of the year when the law was enacted. These changes have required us to look at our current process and revise our acceptance policy to ensure the most thorough compliance with the law possible.

As of Monday, October 15, 2012, we will no longer be able to accept the old version of the form. Please utilize the latest version of the form (available on our website, for all employees hired from this point forward. Should any additional changes be made to the form, the new document will be made available on the same website.
Additionally, beginning Monday, October 15, 2012, we will enforce the following policy change
regarding the Wage Theft documents:

• The Preparer’s Signature and Title must be indicated on the document.

As always, if you have any questions regarding this change to our acceptance policy, please do not
hesitate to contact us directly.

February 7, 2012

Dear Valued Client,

The California Department of Labor Standards Enforcement (DLSE) has revised the list of additional information that employers are required to provide per the Wage Theft Prevention Act (Act).  To ensure compliance, Clients should take immediate steps to implement the updated form located below.  Printed forms will be available soon in a three-part NCR format.  Prior documents that you have prepared and provided to employees will not need to be reproduced using the new form.

Pursuant to the Labor Code § 2810.5, employers must, at the time of hiring, provide each employee (except those who are specifically exempted from the requirement) with a written notice which provides a specific list of information, including:

(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 the Labor 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.

If changes affect any of the required information, you must notify the employee(s) of the changes within seven calendar days, either by providing a new notice reflecting said changes or identifying changes on a timely wage statement furnished in accordance with Labor Code Section 226.

The notice requirements do not apply to employees covered by valid collective bargaining agreements who earn at least 30% more than the state minimum wage. At time of distribution, the current California minimum wage is $8.00 per hour (San Francisco is $10.24 per hour effective January 1, 2012). Although the notice requirements apply only to nonexempt employees, you should consider providing the notice to all employees to avoid disputes over whether the notice was due in the event that employees who were classified as exempt later claim they were misclassified.

In order to document compliance, signed acknowledgements of employees’ receipt of the required notices should be retained. Please submit all forms to Cast & Crew who will collect and maintain the forms for our clients.

Should you have any questions regarding this new provision, please do not hesitate to reach out to your Cast & Crew representative.

CA Wage Theft Prevention Form (PDF)