New Employer Obligations for 2012 – Wage Theft Protection Act

As of January 1, 2012, employers must at the time of hiring notify all new non-exempt, non-collective bargaining employees in writing of the following information:
1.   The employee’s rate or rates of pay and the rate basis, whether by hour, shift, day, week, salary, commission or otherwise, including any rates of overtime, if applicable;
2.   Any allowances claimed as part of the minimum wage, including meals or lodging; 
3.   The regular paydays designated by the employer; 
4.   The name of the employer, including “any DBAs” used by the employer; 
5.   The physical address of the employer’s principal place of business, as well as the mailing address if it is different;
6.   The telephone number of the employer;
7.   The name, address and telephone number of the employer’s workers’ compensation insurance carrier; and
8.   And any other information that the Labor Commissioner deems “material and necessary.”
Employers must also notify employees in writing within seven days of any changes to any of the above required information, unless all the changes are reflected on a timely wage statement provided to employees. 
The California Labor Commissioner is required to identify what additional “material and necessary” information must be provided on these new notice forms but has yet to do so.  The Labor Commissioner is also supposed to provide a template for employer’s use in notifying employees of wages.  These will be posted along with a list of frequently asked questions (FAQ’s) on the Division of Labor Standards Enforcement (DLSE) website soon. 
For an update on the information or how to implement the law please contact Jennifer Phillips at [email protected]. 
Copyright Dickenson Peatman & Fogarty at www.lexvini.com