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As previously reported in our Executive Alert dated November 23, 2011 ("New Wage Theft Prevention Act Brings Significant Changes to California Labor Code"), important changes to California’s Labor Code become effective January 1, 2012. One such change, codified at new Labor Code Section 2810.5, requires employers to provide certain information to non-exempt employees. As mandated by the legislature, and on the eve of the law’s effective date, the Labor Commissioner has posted a template that is compliant with these notice requirements.

The template provides a form employers may use to provide the information required under new Labor Code Section 2810.5. This information includes:

• Employer contact information:
  • Employer's name, as well as any d/b/a names;
  • Physical address of the employer’s main office or principal place of business;
  • Employer's mailing address, if different from above; and
  • Employer's telephone number.
     
• The employee’s rate of pay and the basis of the pay rate (e.g., hourly, daily, weekly, piece rate or commission) and any allowance claimed as part of the minimum wage
   
• The name, address and telephone number of the employer’s workers’ compensation insurance carrier.

The template requires the employee’s signature acknowledging receipt of the form -- always a good practice when an employer provides employees with information required by law.

Employers must provide the required information at the time of hire and in the language the employer normally uses to communicate employment-related information to its employees. Versions of the template in other languages are available.

Please contact any member of our Labor Relations Team for assistance in compliance with new Labor Code Section 2810.5 or with questions as to how this new law may may affect your business.

Authorship Credit: Ellen J. Shadur

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