January 2012: Clarification on Written Notice to Employees


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As noted in the Employer’s Legal Advisory (Winter 2012 and Fall 2011-3), as of January 1, 2012 all employers are required to provide newly-hired employees with a written notice that includes certain payroll information and other information about the employer (both the worksite employer and any entity that directly employs the employees) and the employer’s workers’ compensation carrier. [Additionally, if the employer is a farm labor contractor, this notice must also include the name and address of the entity that secured the services of the farm labor contractor and this information must be included in the itemized wage statement (paycheck stub).]

The employer is also required to notify employees in writing of any changes in the information included in the notice, unless the change is included in a timely wage statement (paycheck stub) or in another legally-required written notice within seven (7) days of the change. All employees (not just those hired after January 1, 2012) must be given notices of changes, not just newly-hired employees. [Since all employees must be notified of changes employers may want to consider giving the initial notice to all employees. However, the law does state that the initial notice only needs to be given to employees “at the time of hiring.”]

Additionally, the notice need not be given to exempt employees or employees covered by a collective bargaining agreement if the agreement includes specified provisions.

The Labor Commissioner has now provided the template in English and other languages (including Spanish) at: http://www.dir.ca.gov/dlse/Governor_signs_Wage_Theft_Protection_Act_of_2011.html.

For additional assistance please contact Jeanne Flaherty at 805-499-2918 or jflaherty@eladvisor.com.