Labor Code Section 2810.5 of The Wage Theft Prevention Act

May 25, 2012 | By SBS Payroll, Inc. 0 Comments

Effective January 1, 2012 under the Wage Theft Prevention Act, California Labor Code Section 2810.5 requires that employers provide notice to each non-exempt employee at the time of hire with a written notice of the following information:

  • Their rate(s) of pay
  • Designated pay day
  • The employer’s intent to claim allowances (meal or lodging allowances) as part of the minimum wage
  • The basis of wage payment (whether paying by hour, shift, day, week, piece, etc.), including any applicable rates for overtime.

The law requires that the notice contain the employer’s “doing business as” names, and that it be provided at the time of hiring and within seven days of a change if the change is not listed on the employee’s pay stub for the following pay period.
The notice must be provided in the language the employer normally uses to communicate employment-related information to the employee, through translated notices provided by the Department of Labor.

A template for employers that includes the above required information provided by the Labor Commissioner is available at http://www.dir.ca.gov/dlse/LC_2810.5_Notice.pdf

Additional answers to Frequently Asked Questions about the Wage Theft Prevention Act are available at http://www.dir.ca.gov/dlse/FAQs-NoticeToEmployee.html



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