NEW CALIFORNIA WAGE THEFT PREVENTION ACT

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.

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