California Employment Laws Effective January 1, 2012
Another new year and more new laws that affect California employers and their insurance agents.
A brief recap:
AB 469: Wage Theft Prevention Act of 2011
Labor Code 2810.5.
Employers must provide employees with a written notice regarding:
- Rate of pay
- Allowances claimed as part of minimum wage
- Regularly designated paydays
- Employers name and DBA names
- Physical and mailing addresses of the business
- Employer’s phone number
- Name, adreess and phone number of the employer’s workers’ compensation insurance carrier
- Any other information the Labor Commissioner deems necessary
Pay Notices Required to Be Provided New Employees
November 30, 2011
Existing law requires an employer to post specified wage and hour information in a location where it can be viewed by employees. Effective January 1, 2012, a new law (which will be formalized as Labor Code Section 2810.5 and known as the “Wage Theft Prevention Act of 2011”) will further require employers to provide all newly hired, non-exempt employees with a written notice of certain wage information at the time of hire. The notice must contain the following information:
1. 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;
2. Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances;
3. The regular payday designated by the employer in accordance with the requirements of this code;
4. The name of the employer, including any “doing business as” names used by the employer;
5. The physical address of the employer’s main office or principal place of business, and a mailing address, if different;
6. The telephone number of the employer;
7. The name, address, and telephone number of the employer’s workers’ compensation insurance carrier;
8. Any other information the Labor Commissioner deems material and necessary.
If any of the above information changes, the employer must, within seven days of any such change, provide the employees with notice in one of the following methods:
1. By providing a written amendment to the statement;
2. By issuing an entirely new notice;
3. Via paycheck stub, if the updated information is contained on the paycheck stub.
This law does NOT apply to exempt employees, public employers, or employees who are already covered under a collective bargaining agreement (unionized employees).