Labor Commissioner issues new Wage Theft Protection Act notice

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Effective January 1, 2012, the Wage Theft Protection Act required that all employers provide each non-exempt employee with a written notice containing specified information at the time of hire. The notice must be in the language the employer normally uses to communicate employment-related information to the employees. The Act also requires that the Labor Commissioner provide employers with a template that complies with the requirements of the notice.

It has been years since the notice template was updated, but there is now a new template that the Labor Commissioner has released for use. The new notice is updated to reflect the new California paid sick leave requirements that are effective January 1, 2024. Also, the new notice contains an additional section to notify new employees of the existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed, and that was issued within 30 days before the employee’s first day of employment, that may affect their health and safety during their employment.

Although employers do not have to use this particular form, they must provide some sort of written notice for new hires containing: rates of pay (and basis thereof); allowances (such as meal or lodging); timing of regular paydays; the name, address, and telephone number of the employer; the name, address, and telephone number of the employer’s workers’ compensation insurance carrier; certain information related to paid sick leave; additional information if the employer is a temporary services employer; and any other information the Labor Commissioner deems material and necessary. A copy of the Labor Commissioner’s updated notice is available here.