California Employment Law Documentation: Wage Theft Protection Act Notice
California Labor Code section 2810.5, better known as the Wage Theft Protection Act, requires employers to provide written notice of the following information to all nonexempt employees upon hire:
The employee’s rate(s) of pay and whether pay is done by the hour, shift, day, week, salary, piece rate, commission, or otherwise, including rates for overtime;
Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances;
The regular payday;
The name of the employer, including any “doing business as” names used by the employer;
The employer’s physical (and, if different, mailing) address and telephone number;
The name, address, and telephone number of the employer’s workers’ compensation insurance carrier;
That the employee may accrue and use sick leave, has a right to request and use accrued paid sick leave, may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates;
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; and
Any other information the Labor Commissioner deems material and necessary.
Employers must also provide employees with written notice of any changes to this information within seven calendar days of those changes unless the changes are reflected on a timely wage statement or other writing.
Following changes in the law that went into effect in last year, the Labor Commissioner issued a revised Wage Theft Prevention Notice template that employers may use for this purpose. That notice, in multiple languages is available here. Any employers using the prior version of this notice should begin using this version, which includes the updated information to be provided.
In addition to providing this notice to employees, a copy of the completed notice should be maintained in the employee’s personnel file.
For more information regarding employer obligations regarding the Wage Theft Protection Act, the California Labor Commissioner has published the following FAQ.
This legal update and any use of its information does not create an attorney-client relationship. Nothing contained on this website should be considered legal advice for any specific employer or employment situation. Consult legal counsel before taking any action as a result of information contained herein.
