Act Now Advisory: California Labor Commissioner Releases FAQs and Notice Template to Comply with the California Wage Theft Prevention Act


California's Wage Theft Prevention Act of 2011 ("CAWTPA") went into effect on January 1, 2012. The CAWTPA requires most private-sector employers to provide notice to non-exempt employees of certain wage payment information, among other things. As we previously reported (see Act Now Advisory "New California Laws Increase Penalties for Employee Misclassification and Wage Theft"), the CAWTPA requires the Labor Commissioner ("Commissioner") to create a template for employers to use to comply with the CAWTPA's requirements. The Division of Labor Standards Enforcement ("DLSE") has now posted a notice template ("Notice Template") and Frequently Asked Questions ("FAQs") to its website in order to provide guidance to employers with respect to CAWTPA compliance.

Notice Requirements under the CAWTPA

The CAWTPA added Section 2810.5 to the California Labor Code. As of January 1, 2012, private-sector employers must provide each new non-exempt employee with a written notice, at the time of hiring, in the language that the employer normally uses to communicate employment-related information. Notice must also be provided to current non-exempt employees if the information required by the CAWTPA changes, and that change is not reflected in the next pay stub or some other writing required by law. Such notice to current employees is required within seven days of the applicable change.

The notice, whether provided to new employees or current employees, must contain the following information...

Please see full advisory below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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