Wage Theft Protection Act

Pay rate notices required for new hires. The Wage Theft Protection Act of 2011 amends the California Labor Code by adding a section that requires employers to provide employees with a “written notice at the time of hiring” “in English or in the employee’s primary language” and must contain the following:

  1. The job rate or rates of pay and whether it pays by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime.
  2. Any allowances claimed as part of the minimum wage, such as for uniforms, meals, and lodging.
  3. The employer’s regular payday, subject to the Labor Code.
  4. The employer’s name, including any “doing business as” names used.
  5. The address of the employer’s main office or principal place of business, and its mailing address, if different.
  6. The employer’s telephone number.
  7. The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
  8. Other information added by the Labor Commissioner as material and necessary.

This notice must be provided to non-exempt (hourly) employees unless they are covered by a collective bargaining agreement that provides an hourly rate exceeding 30% of the state minimum wage. Exempt employees are excluded.  However, private employers may want to consider providing such notice to all employees.

WAGE THEFT IS A CRIME

WAGE THEFT PROTECTION ACT FAQS

CALIFORNIA LABOR CODE SECTION See Section 2810.5

CALIFORNIA EMPLOYMENT LAW REPORT – BEST PRACTICES

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