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:
- 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.
- Any allowances claimed as part of the minimum wage, such as for uniforms, meals, and lodging.
- The employer’s regular payday, subject to the Labor Code.
- The employer’s name, including any “doing business as” names used.
- The address of the employer’s main office or principal place of business, and its mailing address, if different.
- The employer’s telephone number.
- The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
- 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.
CALIFORNIA LABOR CODE SECTION – See Section 2810.5